PADMAKSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an appeal filed by the accused in S.C. No. 1321/2002 on the file of the 3rd Additional Sessions Court, Kollam, is the appellant herein. The appellant was charge -sheeted by the Additional Sub Inspector of Police, Kollam East police station, in Crime No. 857/2000 of Kollam East Police Station under Section 8(1) read with Section 8(2) of Abkari Act.

(2.) THE case of the prosecution in nut shell was that, on 27.08.2000 at about 3.30 p.m., the accused was found to be in possession of 22 packets of arrack, each having a capacity of 100 ml, near her residential property at Valathungal in Eravipuram Village, in violation of the Provisions of Abkari Act and thereby she had committed the offence punishable under Section 8(1) read with Section 8(2) of the Kerala Abkari Act.

(3.) WHEN the appellant appeared before the court below, after hearing the learned Additional Public Prosecutor and the learned counsel appearing for the appellant, the learned Additional Sessions Judge framed charge under Section 8(1) read with Section 8(2) of Abkari Act, against the accused and the same was read over and explained to her and she pleaded not guilty. In order to prove the case of the prosecution, PWs 1 to 5 were examined and Exts. P1 to P7 and Mos. 1 and 2 series were marked on the side of the prosecution. After closure of the prosecution evidence, the accused was questioned under Section 313 of the Code of Criminal Procedure and she denied all the incriminating circumstances brought against her in the prosecution evidence and she had further stated that, she had not committed any offence and no article was seized from her possession and she was falsely implicated in the case. Since the evidence in the case did not warrant an acquittal under Section 232 of the Code of Criminal Procedure, the Additional Sessions Judge directed to enter on her defence. Exts. D1, D1(a) series were marked on the side of the defence. After considering the evidence on record, the court below found the appellant guilty under Section 8(1) read with Section 8(2) of the Abkari Act and convicted her thereunder and sentenced her to undergo simple imprisonment for six months and also to pay a fine of 1,00,000/ -, in default to undergo simple imprisonment for two months more. Aggrieved by the same, the present appeal has been filed by the appellant/accused before the court below.