K KELAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner who has been found guilty under S.47 of the Kerala Police Act by the courts below challenges the conviction and sentence entered against him on the ground that no offence has been made out against him.

(2.) The prosecution case is that on 29-12-1987 at 4.10 a.m. the revision petitioner and three others were found on the veranda of the Government High School, Thiruvangad by P.W.1 Sub Inspector who was on patrol duty and that they were not in a position to explain their presence satisfactorily at the untimely hour. P.W.1 gave evidence in support of the prosecution case. He stated that he and police party were on patrol duty and it was then that he saw the revision petitioner and three others at the Government High School premises. D.W.2 watchman of the school stated that he was not aware of any such incident as alleged by the prosecution. Both the courts below accepted the evidence of P.W.1 and held the revision petitioner guilty of the offence under S.47 of the Kerala Police Act (hereafter referred to as the Act).

(3.) The matter was referred to the Division Bench by Sankaran Nair, J. holding that 1983 KLT 579 (Naseema v. State of Kerala) requires reconsideration. In Naseema's case Balakrishna Menon, J. held that a reading of S.47 itself would clearly indicate that it is only such entry as would amount to trespass that is dealt with in the section. The above decision has been followed by Padmanabhan, J. in Crl. R.P. 17 of 1982.