ANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this appeal preferred from the Central Prison, Thiruvananthapuram, the appellant who was the sole accused in SC 194/0 on the file of the Addl. Sessions Court (Ad hoc II) Kollam challenges the conviction entered and the sentence passed against him by the said Court for an offence punishable under S.8(2) of the Abkari Act.

(2.) THE case of the prosecution can be summarised as follows: On 01/09/2003 at about 4 p.m. the accused was found standing on the bank of a canal running through Sreepuram Ela in east west direction and pouring liquor from a 10 litre can into a glass tumbler held by another person and on sending the police party both the persons made good their escape after abandoning the can as well as the glass tumbler. The can was found to contain 5 litres of illicit arrack. Since the accused was found in possession of 5 litres of illicit arrack, he has committed offences punishable under S.55(a) and S.55(i) of the Abkari Act.

(3.) AFTER the close of the prosecution evidence, the accused was questioned under S.313 (1)(b) CrPC with regard to the incriminating circumstances appearing against him in the evidence for the prosecution. He denied those circumstances and maintained his innocence.