LexVILASINI versus STATE OF KERALA
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
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VILASINI
v.
STATE OF KERALA
(Criminal Appeal No. 1221 of 2018)
SEPTEMBER 25, 2018
[ABHAY MANOHAR SAPRE AND S. ABDUL NAZEER, JJ.]
Kerala Abkari (Amended) Act, 1997:
ss.8(1) and (2) – Trial court convicted the appellant and
sentenced to undergo rigorous imprisonment for six months with a
fine amount of Rs. 1 lakh and, in default in payment of fine amount,
to undergo simple imprisonment for another period of three months
– High Court upheld the conviction but modified the sentencing by
reducing the jail sentence from “six months rigorous imprisonment”
to three months simple imprisonment” and in default of payment of
fine amount, “three months simple imprisonment” to “two weeks
simple imprisonment” – Aggrieved appellant filed instant appeal –
Plea of appellant was that she was poor lady having no criminal
antecedents and means to pay a fine amount of Rs. 1 lakh – Held:
s.8(2) of the Act prescribes a punishment for an offence punishable
under s.8(1) which may extend to 10 years and with fine amount
which shall not be less than Rs. 1 lakh – Thus it is mandatory for
imposing “Jail Sentence” and “Fine Amount” under s.8(2) – The
discretion to award jail sentence, however, varies upto 10 years but
not beyond it – In other words, the Court has the jurisdiction to
impose jail sentence for any period but such period cannot exceed
10 years – The maximum limit to impose jail sentence is fixed as 10
years – How much jail sentence should be imposed would vary
from case to case – So far as the imposition of fine amount along
with award of jail sentence is concerned, it is also mandatory and it
cannot be less than Rs. 1 lakh – In the instant case, the appellant is
a lady and is living below the poverty line and has no means to pay
a sum of Rs. 1 lakh to the State – She was not involved in any
criminal case in the past and nor was she ever involved in the case
relating to the offences punishable under the Act – She is above 50
years of age – She was found in possession of only 3 liters of arrack
which resulted in her conviction – The case is almost 12 years old
from now and she has already undergone two and a half months
jail sentence out of total jail sentence of 3 months awarded to her –
[2018] 14 S.C.R. 1
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SUPREME COURT REPORTS [2018] 14 S.C.R.
In view of these factors and having regard to the totality of the
facts and circumstances of the case, the appellant’s jail sentence is
modified from “3 months” to “already undergone” and also the
default sentence reduced from “two weeks” to that of the “one
week” in the event, she is not able to deposit the mandatory fine
amount of Rs. 1 lakh within one month – In this view of the matter,
the appellant is not now required to undergo the substantive jail
sentence of 3 month– However, if the appellant fails to deposit the
fine amount of Rs. 1 lakh within one month, she will have to undergo
one week jail sentence on account of non-deposit of
fine amount of Rs. 1 lakh within the prescribed time – Sentence/
Sentencing.
Kerala Abkari (Amended) Act, 1997: s.8(2) – Sentence – Court
has the jurisdiction to impose jail sentence for any period but such
period cannot exceed 10 years – The maximum limit to impose jail
sentence is fixed as 10 years.
Kerala Abkari (Amended) Act, 1997: s.8(2) – Fine – The Court
has no jurisdiction to impose fine amount less than Rs.1 lakh because
minimum limit prescribed under s.8 (2) is Rs. 1 lakh – A “fortiori”,
the Court has discretion to impose a fine amount more than
Rs. 1 lakh because there is no upper limit prescribed in law for
imposing fine amount exceeding Rs. 1 lakh.
CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No. 1221 of 2018.
From the Judgment and Order dated 28.06.2017 of the High Court
of Kerala at Ernakulam in Crl. Appeal No. 1580 of 2011.
James P. Thomas, Adv. for the Appellant.
C. K. Sasi, Adv. for the Respondent.
The following Order of the Court was passed :
O R D E R
1. Leave granted.
2. This appeal is directed against the final judgment and order
dated 28.06.2017 passed by the High Court of Kerala at Ernakulum in
Criminal Appeal No.1580 of 2011 whereby the High Court upheld the
conviction of the appellant but reduced the rigorous imprisonment from
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6 months to simple imprisonment for 3 months and in default of payment
of fine to undergo simple imprisonment for 2 weeks instead of 3 months.
3. Facts of the case lie in a narrow compass as would be clear
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