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2013 Supreme(Ker) 726

V.K.MOHANAN
Mercy – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Appellant:M. Ramesh Chander, V. Tekchand, Advocates.

Judgment :

1. Challenging the conviction and sentence under Section 55 (g) of the Abkari Act, imposed on the accused by judgment dated 23.07.2003 in S.C.No.611 of 1999 of the Court of Additional Sessions Judge (Adhoc-I), Kasaragod, the accused therein preferred this appeal.

2. The prosecution case is that: on 07.07.1998 at 1.15 p.m., the accused was found in possession of 10 litres of wash kept for the preparation of illicit arrack in an aluminium pot near the residential house of the accused at Cherumbachal in Kallar village against the provisions of the Abkari Act. Thus according to the prosecution, the accused, who is a lady, committed an offence punishable under Section 55 (g) of the Abkari Act.

3. During the trial of the case, PWs 1 to 3 were examined from the side of the prosecution and Exhibits P1 to P5 documents were produced and marked. MO1 aluminium pot was identified and marked as material object. The prosecution adduced the above evidence since the accused denied the charge for the offence under Section 55 (g) of the Kerala Abkari Act. The learned Judge of the trial court finally found that no inherent improbability or material contradiction or striking discrepancy is brou









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