NASEEMA Vs. STATE OF KERALA

JUDGEMENT

(1.) By this petition addressed to the Hon'ble the Chief Justice, and forwarded by the Superintendent, Central Prison, Cannanore, to this Court, a young girl Nazeema, aged 18 years the 1st accused undergoing imprisonment on conviction by the Judicial II Class Magistrate, Cannanore in C. C. No. 253 of 1983 for an offence under S.47 of the Kerala Police Act (the Act for short) invokes the revisional jurisdiction of this Court under S.397 read with S.401 of the Crl. P. C. to set aside the conviction and sentence imposed on her.

(2.) The prosecution case against the four accused persons is that Nazeema, the first accused was seen in the company of three youngsters, accused 2 aged 21 years and accused 3 and 4, both aged 18 years, at about 9.15 p.m. on 27-2-1983 at the Sree Narayana Park within the Cannanore Municipal Town by Pw. 1, the Sub Inspector of Police, Cannanore Town Police Station, while on patrol duty along with the Central-room party, the accused had wilfully trespassed into the municipal park, they could not satisfactorily account for their presence at the time and place, where they were apprehended and they had therefore committed an offence punishable under S.47 of the Act. The Judicial Magistrate of the IInd Class Cannanore who tried the case found the accused guilty of the offence charged against them and all the four accused were convicted and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs. 500/- in default of payment of which they are to undergo simple imprisonment for a further term of one month.

(3.) From the records of the case it is seen that the first accused had no Counsel to defend her. The only evidence in the case is of Pw. 1 the Sub Inspector of Police who arrested the accused and of Pw. 2 a Head Constable attached to the Cannanore Town Police Station. The substance of the evidence of these witnesses is that Pw. 1 the Sub Inspector of Police while on patrol duty along with the Control - room party on 27-2-1983 saw the accused persons in the municipal park at about 9.15 p.m. The accused were seen quarrelling among themselves. The Sub Inspector and the Police party got into the park and saw the first accused a girl aged 18 years standing and accused 2, 3 and 4 quarrelling. The 1st accused had bared her breast and on being questioned she told the Sub Inspector of Police that she had gone to witness a cinema show along with the 2nd accused who had brought her to the park where accused 3 and 4 had joined them and the 4th accused took out a hundred rupee note and insisted that he should be the first to have the company of the first accused. This provoked a quarrel among accused 2 to 4 whereupon the police party headed by Pw. 1 came to the spot, arrested the accused and took them into custody. Pw. 2 has corroborated the evidence of Pw. 1. It is on the basis of the evidence of these two witnesses that the trial Magistrate has found the accused guilty of an offence under S.47 of the Act. S.47 of the Act (Act 5 of 1961) is extracted below: