1. The appellant, accused in S.C.No.398/2005 on the file of the Additional Sessions Judge (Adhoc)II, Kalpetta, faced trial for the offences punishable under Sections 55(b),(g) and 58 of the Abkari Act on the allegation that he was found in distilling illicit arrack and also in possession of 5.5 liters of arrack on 24.8.2004 and thereby committed the above offences. To prove the prosecution allegation, prosecution examined PWs 1 to 8 and relied on Exts.P1 to P7. MOs 1 to 6 were also produced. On closing the prosecution evidence, the appellant was questioned under Section 313 of the Code of Criminal Procedure. The appellant denied the entire prosecution and had stated that he is innocent and he was at Coorg and when he came back from Coorg on 4.10.2005, he was arrested by the police. Relying on the evidence adduced by the prosecution, the trial court found the appellant guilty under Sections 55(b) and (g) of the Abkari Act and he was convicted thereunder and sentenced to undergo R.I for five CRL.A.NO.1581/06 2 years and to pay a fine of Rupees One Lakh with default sentence of payment of fine, further simple imprisonment for a period of six months more. The trial court also a