IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU MONDAY, THE 22ND OCTOBER 2007 / 30TH ASWINA 1929 Crl.Rev.Pet.No. 476 of 2000() ----------------------------- CRA.284/1998 of SESSIONS COURT, THRISSUR CC.875/1996 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... REVN. PETITIONER: APPELLANT/ACCUSED ------------------------------------------------------------- SANTHA W/O.MUTHUKATTIL GOPI CHERUKAD DESOM PALLUR VILLAGE THALAPPILLY TALUK. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: COMPLAINANT & STATE -------------------------------------------------------- 1. THE EXCISE INSPECTOR VADAKKANCHERY. 2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/10/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J --------------------------------------------- Crl.R.P.No.476 of 2000 --------------------------------------------- Dated this the 22nd day of October, 2007 O R D E R The revision petitioner stands convicted for the offence under Section 55(a) of the Abkari Act and sentenced, as modified by the appellate court, to undergo R.I. for 15 days and to pay a fine of Rs.25,000/- and in default, to undergo simple imprisonment for three months. 2. The prosecution case is that on 13.8.1996 at 7 a.m., on the Pullur-Varavattoor public road the accused was found in possession of two litres of illicit arrack in a 5 litres plastic can. 3. The evidence adduced in the matter consisted of the testimony of PWs' 1 to 4, Exts. P1 to P3 and MOI. 4. Counsel for the revision petitioner has only pleaded for leniency pointing out that more than 10 years have elapsed since the commencement of the proceedings and that so far the accused was facing the ordeal of criminal proceedings. It is also pointed out that the revision petitioner is a lady aged 50 years. 5. In the circumstances, the sentence is modified to CRRP476/2000 2 imprisonment till the rising of the court and to pay a fine of Rs.25,000/- and in default, to undergo simple imprisonment for three months. The revision petitioner/accused is granted four months' time to remit the fine amount. She shall appear before the Judicial First Class Magistrate Court, Vadakkanchery on 22.2.2008 to receive the sentence. The criminal revision petition is disposed of accordingly. K.R.UDAYABHANU, JUDGE csl