In this appeal preferred from the Central Prison, Thiruvananthapuram, the appellant who was the accused in S.C.No.262/2001 on the file of the Addl. Sessions Court (Fast Track No.II), Thiruvananthapuram, challenges the conviction entered and the sentence passed against him for an offence punishable under sec.55 (a) of the Abkari Act.

2. The case of the prosecution is that on 30.6.2000 at about 12 noon the accused was found in possession of 10 litres of illicit arrack in a black jerry can in Malayamtheri - Paramukku road ner the rubber plantation of one Ayyappan Pillai in Kottackkakam muri of Aryanadu village and that the accused has thereby committed offences punishable under secs.8, 55(a) & (h) and 58 of the Abkari Act.

3. On the accused pleading not guilty to the charge framed against him by the court below for an offence punishable under sec.55(a) of the Abkari Act, the prosecution was permitted to adduce evidence in support of its case. The prosecution altogether examined six witnesses as PWs.1 to 6 and got marked five documents as Exts.P1 to P5 and one material object as M.O.1.

4. After the close of the prosecution evidence, the accused was questioned under sec.313(1)(