RAVIKUMAR,S/O.ANPULLANATHAN Vs. STATE

JUDGEMENT

(1.) The revision petitioner herein challenges the conviction and sentence against him under Section 171F I.P.C in C.C 169/2001 of the Judicial First Class Magistrate Court, Chittur. He faced prosecution in the court below on the allegation that in the Panchayat Election held on 27.9.2000 in Kerala, he attempted to cast vote in the name of another person at about 4.55 p.m at the Polling Booth at the Kozhinjampara GUP School. The offence was detected by the Preciding Officer of the Polling Booth, and the accused was handed over to the Police on the spot. On the basis of the complaint made by the Presiding officer, the Police registered the crime, and after investigation submitted final report in court.

(2.) The accused appeared before the learned Magistrate and pleaded not guilty when the substance of the accusation was read over and explained to him. The prosecution examined 11 witnesses and proved Exts.P1 to P5 documents in the trial court. The accused did not adduce any evidence in defence. He denied the incriminating circumstances when examined under Section 313 Cr.P.C. On an appreciation of the evidence, the trial court found the accused guilty. On conviction, he was sentenced to undergo rigorous imprisonment for six months

(3.) Aggrieved by the judgment of conviction dated 27.3.2004, the accused approached the Court of Session, Palakkad with Crl.A No.196/2004. In appeal, the learned Additional Sessions Judge (adhoc-III), Palakkad confirmed the conviction, but modified the sentence. Accordingly, the sentence was modified and reduced to simple imprisonment for three months and a fine sentence of ?5000/- was also imposed in appeal. Now the accused is before this Court in revision challenging the legality and propriety of the conviction and sentence.