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IN THE HIGH COURT OF KERALA
, J
Sugathan @ Kunjankili v. State of Kerala
| Table of Content |
|---|
| 1. revising court finds accused guilty of drug possession. (Para 1 , 2 , 3 , 4) |
| 2. defense argues delays in evidence processing undermine prosecution's case. (Para 5 , 9) |
| 3. court emphasizes compliance with evidentiary standards. (Para 6 , 7 , 8 , 10) |
| 4. accused acquitted due to prosecution's failure to meet burden of proof. (Para 11) |
1. The revision petitioner herein is the accused in S.C. No. 209 of 2004 on the file of Assistant Sessions Court, Thiruvalla alleging commission of offences punishable under S.8(1) read with 8(2) of the Abkari Act .
2. The prosecution allegation is that the revision petitioner was seen in possession of 15 cans having capacity of 35 litres containing spirit on 05.09.2001 at 1.15 pm, in the latrine near the house of one Thyparambil Mathew and thereby the accused has committed the alleged offences.
3. The prosecution in support of their case examined PWs 1 to 3 and Exts P1 to P6 were marked and identified MO1 to MO15. The trial Court found the accused guilty and convicted him to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.1,00,000/- and in default of payment of fine, to undergo simple imprisonment for a f
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