Nellikunnel Jose Vs. State of Kerala
EmailAppeal: Criminal Appeal No. 447 of 2000
(Arising out of SLP (Crl.) No. 777/2000)
(Arising out of SLP (Crl.) No. 777/2000)
Petitioner: Nellikunnel Jose
Respondent: State of Kerala
Apeal: Criminal Appeal No. 447 of 2000
(Arising out of SLP (Crl.) No. 777/2000)
(Arising out of SLP (Crl.) No. 777/2000)
Judges: G.B. PATTANAIK & U.C. BANERJEE, JJ.
Date of Judgment: Aug 05, 2000
Head Note:
CRIMINAL LAW
Kerala Abkari Act
Section 55 (a) with Evidence Act, 1872 – Section 3 – Accused found near the lorry – If sufficient to hold him guilty and to convict. Held, No. Conviction and sentence set aside.
(Para 4)
JUDGEMENT:
ORDER
1. Delay condoned.
2. Leave granted.
3. The only question that arises for consideration is whether on the finding that the accused-appellant was found to be near the lorry, can it be said that prosecution case under Section 55 (a) of the Kerala Abkari Act has been proved beyond reasonable doubt?
4. In the impugned order, the High Court itself recorded a find-ing that the petitioner-accused was seen near the lorry and the presence of the revision-petitioner near the lorry, therefore, has been proved. On this finding, it is difficult to sustain the ultimate conclusion that the offence under Section 55 (a) of the Act has been committed. Consequently, the conviction and sentence against the appellant cannot be sustained.
5. We, therefore, set aside the conviction and sentence recorded against the appellant and he is acquitted of the same. The appeal is allowed accordingly. The bail bonds stand cancelled.
1. Delay condoned.
2. Leave granted.
3. The only question that arises for consideration is whether on the finding that the accused-appellant was found to be near the lorry, can it be said that prosecution case under Section 55 (a) of the Kerala Abkari Act has been proved beyond reasonable doubt?
4. In the impugned order, the High Court itself recorded a find-ing that the petitioner-accused was seen near the lorry and the presence of the revision-petitioner near the lorry, therefore, has been proved. On this finding, it is difficult to sustain the ultimate conclusion that the offence under Section 55 (a) of the Act has been committed. Consequently, the conviction and sentence against the appellant cannot be sustained.
5. We, therefore, set aside the conviction and sentence recorded against the appellant and he is acquitted of the same. The appeal is allowed accordingly. The bail bonds stand cancelled.
