RAJAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is a lady and who faced prosecution in S.C.No.100 of 2000 of the court of the Additional Sessions Judge, Fast Track (Adhoc-II), Alappuzha, preferred this appeal as she is aggrieved by the judgment dated 30/10/2003 in the above Sessions Case by which she is convicted and sentenced for the offence under Section 55(a) of the Abkari Act.

(2.) The prosecution case is that the accused was found carrying 2 = litres of arrack in a white plastic bottle on 01/11/1997 at 12.15 P.M. through KTP canal road near Ambetkar colony against the provisions of Abkari Act and thereby the accused has committed the offence punishable under Section 8(1) & (2) and 55 (a) of the Abkari Act. On the above allegation, Crime No.131 of 1997 was registered in the Excise Range, Mavelikkara and on completing the investigation a report was filed, based upon, which eventually S.C.No.100 of 2000 was instituted in the Sessions Court, from where the case was made over to the present trial court for disposal. When the accused appeared, after hearing the prosecution and the defence, a formal charge was framed against the accused for the offence punishable under Section 55(a) of the Abkari Act and when the said charge was read over and explained to the accused, she denied the same and pleaded not guilty. Consequently, the prosecution adduced its evidence by examining PWs.1 to 5 and producing Exts.P1 to P3 documents. MO.1 is also identified as material objects. On conclusion of the trial, the learned Judge found that the prosecution has succeeded to prove beyond reasonable doubt that the accused was arrested by PWs.1 and 2 along with MO.1 plastic can containing arrack against the provisions of the Act and thus the accused has committed the offence punishable under Section 55 (a) of the Abkari Act and accordingly she is convicted thereunder. On such conviction the appellant/ accused is sentenced to undergo rigorous imprisonment for one year and to pay fine of Rupees One lakh and in default of payment of fine she is directed to undergo rigorous imprisonment for three months. Set off is allowed under Section 428 of the Cr.P.C.

(3.) Heard Sri.R.Gopan, the learned counsel for the appellant and Smt.Laliza, the learned Public Prosecutor for the State.