IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl Rev Pet No. 661 of 2008()
1. JAISON, S/O.PAULOSE, AGED 33 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.P.V.ELIAS
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice V.RAMKUMAR
Dated :12/03/2008
O R D E R
V. RAMKUMAR , J.
==========================
CRL.R.P. No. 661 of 2008
==========================
Dated this the 12th day of March, 2008.
O R D E R
The revision petitioner, who was the accused in S.T. Case
No. 404 of 2006 on the file of the Judicial First Class Magistrate,
Adimaly, challenges the conviction entered and the sentence
passed against him by the courts below for an offence punishable
under Section 51(a) of the Kerala Police Act, 1960.
2. The case of the prosecution is that at about 7 p.m on
31.03.2006 on the public road at South Kathippara, the accused
was found drunk and behaving in a disorderly manner uttering
obscene words and causing annoyance to the public and he
thereby committed an offence punishable under Section 51(a) of
the Kerala Police Act.
3. On the side of the prosecution, an independent witness
was examined as PW 1. The Sub Inspector (PW3) who lodged
the complaint and PW2 who was the police constable who was in
the company of PW3, were also examined. PW4 is the doctor
who proved Ext.P1 drunkenness certificate.
CRL.R.P. NO. 661/2008 : 2:
4. The learned Magistrate after trial found the revision
petitioner guilty of the offence and sentenced him to the
mandatory minimum namely simple imprisonment for 15 days
and to pay a fine of Rs.200/- and on default to pay the fine, to
undergo simple imprisonment for 5 days. The conviction and
sentence were confirmed in appeal preferred by the revision
petitioner as Crl. Appeal No. 33 of 2007 before the Sessions
Court, Thodupuzha.
5. Even though the learned counsel appearing for the
revision petitioner assailed on various grounds the conviction
recorded against the revision petitioner particularly that the
conclusion reached by PW4, the doctor in Ext.P1 drunkenness
certificate that the accused was under the influence of liquor
could not be made without examining the blood and urine of the
accused, I am afraid that I cannot agree with the above
submissions. In the light of the decision of a Division Bench of
this Court in Georgekutty v. State of Kerala (1991(2) KLT
570), features such as smelling of alcohol, unsteady gait, dilation
of pupils,incoherence in speech etc. are useful parameters for a
CRL.R.P. NO. 661/2008 : 3:
medically qualified person to arrive at the conclusion that the
accused is under the influence of liquor. The conviction has been
recorded by the courts below after a careful evaluation of the oral
and documentary evidence in the case and this Court sitting in
revision will be loath to interfere with the said conviction. The
conviction is accordingly confirmed.
6. What now survives for consideration is the adequacy or
otherwise of the sentence imposed on the revision petitioner.
The revision petitioner was aged only 31 years on the date of
occurrence and he is a coolie by avocation. He is stated to be a
married person. Having regard to the impecunious circumstances
and the strata to which the revision petitioner belongs, I am of
the view that the petitioner can be directed to be released on
probation since he was a first offender. Accordingly, confirming
the conviction recorded against the petitioner, he is directed to
be released on probation under Section 4(1) of the Probation of
Offenders Act, 1958 by the trial court for a period of two years on
his executing a bond and on the petitioner paying a sum of
Rs.3000/- (Rupees three thousand only) as compensation under
CRL.R.P. NO. 661/2008 : 4:
Section 5 of the Probation of Offenders Act to the Taluk Legal
Service Committee concerned for causing annoyance to the public
whom the State represents. The compensation shall be paid
within one month from today. The petitioner shall appear before
the learned Magistrate within two weeks from today for executing
a bond under Section 4(1) of the Probation of Offenders Act,
1958.
This Crl. R.P is disposed of as above.
V. RAMKUMAR, JUDGE.
rv
CRL.R.P. NO. 661/2008 : 5: