IN THE HIGH COURT OF KERALA AT ERNAKULAM
Muralee Krishna S., J
K. Narayana – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. arguments challenging the integrity of the prosecution's evidence. (Para 6 , 7 , 8) |
| 2. court observations regarding evidence handling and acquittal rationale. (Para 9 , 10 , 11 , 12 , 13) |
ORDER
This Criminal Revision Petition is filed by the accused in S.C.No.335 of 2010 on the file of the Assistant Sessions Court, Kasaragod, invoking the provisions under Section 397 r/w Section 401 of the Criminal Procedure Code (‘Cr.P.C’ for short), challenging the judgment dated 28.11.2012 of conviction for the offence under Section 55 (a) of the Abkari Act , and consequent imposition of sentence passed in that sessions case and also the judgment dated 23.12.2013 in Crl. Appeal No.259 of 2012, passed by the Additional District and Sessions Court-II, Kasaragod, whereby the appeal filed by the revision petitioner ended in dismissal.
2. As per the prosecution case, on 30.01.2009 at about
8.00 p.m., the accused was found transporting 8 bottles containing 180 ml of each of Indian made foreign liquor through a public road, in contravention of the provisions of the Kerala Abkari Act . On detection of the offence, the accused was arrested from the place of occurrence itself, and on co
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