@JUDGMENTTAG-ORDER
S. Siri Jagan, J.@mdashThe petitioner is the accused in C.C.No. 408/1992 before the Judicial First Class Magistrate, Parappanangadi. She was
prosecuted for an offence punishable u/s 55(g) of the Abkari Act. The prosecution case is that on 22.9.1992, at 6.15 a.m. the accused was found
carrying six litres of wash along the Parappara-Koyappakulam road in Peruvallur amsom, Olankara desom and thus the accused committed the
offence alleged. The prosecution examined PWs 1 to 3 and marked Exts. P1 to P3 and MO1. The defence marked Ext. D1 bail bond. After
considering the evidence adduced, the Magistrate convicted the petitioner and sentenced her to undergo rigorous imprisonment for six months and
to pay a fine of Rs. 1000/- with a default sentence of simple imprisonment for two months. In Crl. A. No. 73/1995 filed by the petitioner, the
Sessions Judge, Manjeri confirmed the conviction and sentence dismissing the appeal. The petitioner is challenging the judgments of the courts
below.
2. After arguing for some time, the learned counsel for the petitioner confines relief for leniency in the matter of punishment. It is submitted that at
the relevant time, the petitioner was only 33 years old and a lady from the lower strata of the society. It is submitted that the sentence of
imprisonment may be confined to fine.
3. I have heard the learned Public Prosecutor also. After considering the facts and circumstances of the case, while confirming the conviction, I am
inclined to set aside the sentence of imprisonment. Accordingly, the sentence of imprisonment imposed on the petitioner is set aside. But the fine is
increased to Rs. 25,000/- with a default sentence of imprisonment for six months.
The Criminal R.P. is disposed of as above.