STATE Vs. ALLAPICHA

JUDGEMENT

(1.) THE State is the appellant. The accused in this case was tried by the Kottar First Class Magistrate for offences punishable under Sections 3, 14 (1) and 17 of Act 5 of 1950 read with Sections 7, 17 (a) and 20 (1) of the Paddy Control Order dated 12. 4. 1950. The prosecution case is that the accused was found in unlawful possession of 60 puckers of table rice near the Park View Hotel at Nagercoil at about 1 P. M. on 16. 10. 1950. It was alleged that the rice had been purchased by the accused from some shops in Trivandrum for being sold in the black market at Nagercoil. Five witnesses were examined for the prosecution and a charge was framed against the accused by the learned Magistrate for the offences mentioned above. The accused pleaded guilty to the charge. The learned Magistrate, however, discussed the evidence in the case after raising the points for consideration and convicted the accused of the offences with which he was charged, and sentenced I him to undergo simple imprisonment for 14 days and to pay a fine of Rs. 50/- and in default of payment of flue, to undergo simple imprisonment for a further period of two weeks.

(2.) THE accused appealed from this conviction and sentence before the Sessions Judge of Nagercoil who set aside the conviction and sentence and acquitted the accused, The State has preferred this appeal from the Judgment of the learned Sessions Judge, The Calendar revision also relates to the same matter.

(3.) THE main ground urged on behalf of the State was that the appeal filed by the accused in the Sessions Court from the conviction by the First Class Magistrate was not maintainable. According to the learned Public Prosecutor the accused was convicted by the First Class Magistrate on his plea of guilty and, therefore, an appeal would not lie from the conviction as provided in Section 342, Travancore Criminal P. C. , corresponding to Section 412 of the Indian Code. Section 342 reads thus: