RAJU Vs. STATE OF KERALA

JUDGEMENT

(1.) This criminal revision petition has been filed under Ss. 397 and 401 of the Code of Criminal Procedure, challenging the judgment of conviction and the order of sentence passed against the revision petitioner for the offence punishable under Sec. 8(2) r/w 8(1) of the Abkari Act by the Assistant Sessions Court, Hosdurg, as per judgment dtd. 31/10/2015 in S.C. No.97/2011, which was subsequently confirmed in appeal by the Sessions Court, Kasaragod, by judgment dtd. 27/2/2017 in Crl. Appeal No.275/2015. The revision petitioner is the sole accused in the said case.

(2.) The prosecution case, in brief, is that on 26/9/2009, at about 2.30 p.m., the accused was found in possession of 4 litres of illicit arrack in contravention of the provisions of the Abkari Act and thereby committed the offence punishable under Sec. 8(2) r/w 8(1) of the Abkari Act.

(3.) During trial, the prosecution examined PW1 to PW3 and marked Exts.P1 to P12. After the closure of the prosecution evidence, the accused was questioned under Sec. 313 of the Cr.P.C., during which he denied all the incriminating circumstances brought out against him in evidence. As the court found that it was not a fit case for acquittal under Sec. 232 of the Cr.P.C., the accused was called upon to enter upon his defence and adduce evidence, if any, in support thereof. However, no defence evidence was adduced.