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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
AMBILY – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused charged with possession of contraband. (Para 1 , 2) |
| 2. prosecution failed to establish evidence credibility. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. court's verdict based on reasonable doubt leading to acquittal. (Para 12) |
JUDGMENT
Appellant was the accused in S.C. No.1128 of 2008 on the files of the Additional Sessions Court, Neyyattinkara. By judgment dated 04.04.2015, the accused was found guilty for the offences under Sections 8 (1) and 8(2) of the Abkari Act , 1077, and was sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,00,000/-, apart from default sentence. Appellant challenges the aforesaid conviction and sentence.
2. The prosecution alleged that, on 16.02.2008, the accused was found in possession of 5 litres of arrack in a black jerrycan having a capacity of 10 litres while he was standing by the side of Alanada–
Punnakkadu road and thereby committed the offences alleged. 3. In order to prove the prosecution case, they examined PW1 to PW4 and marked Exhibit-P1 to Exhibit-P9, apart from MO1. After analysing the prosecution evidence, the Trial Court came to the conclusion that the accused was guilty of th
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