O R D E R

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This revision petition is in challenge of the judgment of the learned Sessions Judge, Palakkad in Crl. Appeal No.29 of 1996 confirming conviction of the petitioner for offence punishable under Section 171F of the Indian Penal Code (for short, “the Code”) and sentence to undergo simple imprisonment for three months.

2. Case is that on 7.9.1993 in the Bye Election from Ottapalam Lok Sabha Constituency petitioner, personating himself as voter No.269 in the voters' list, Murukadas in polling booth No.17, set up at Vilayannur Village Basic School and thereby committed the offence as above stated. Learned Magistrate who tried the petitioner convicted and sentenced him to undergo simple imprisonment for three months. That was confirmed in appeal.

3. It is contended by learned counsel for petitioner that identity of the offender is not established beyond reasonable doubt and that even if the entire case of the prosecution is accepted it did not amount to an offence of personation as defined in Sec.171D of the Code, what is revealed is only a preparation to personate which is not made punishable under the Code and that at any rate, sentence awarded is excessive. Learn