Prakasan v. State
Case brief
What is this about?
High Court allowed criminal revision petition in election personation case, finding petitioner guilty of attempt under Section 511 read with Section 171F IPC rather than completed offence, and awarded a fine with default imprisonment.
What did the court decide?
Conviction altered to Section 511 read with Section 171F IPC; sentence modified to fine of Rs. 3,000 with default of three months simple imprisonment.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931
CRL.REV.PET.NO. 47 OF 2001()
-------------------------------------------CRL. APPEAL NO.29 OF 1996,ST.364/1994 OF SESSIONS COURT, PALAKKAD AGAINST S.T. NO.364 OF 1994, OF JUDL. MAGISTRATE OF FIRST CLASS COURT-I, PALAKKAD
REVN. PETITIONER(S) - APPELLANT - ACCUSED:
-------------------------------------------------------------
PRAKASAN, S/O. VELAN @ VELLA POOLAPARAMBU VEEDU, KODUVAYOOR.
BY ADV. SRI.P.VIJAYA BHANU SMT.P.MAYA
RESPONDENT(S) - RESPONDENT - COMPLAINANT:
Issues for consideration
2 issues framed by the court
Whether the petitioner establishing identity charged with personation remains established after the High Court finds only an attempt was made to procure a voting paper.
Whether the conviction for the offence of personation under Section 171F IPC can be altered to an offence of attempt under Section 511 read with Section 171F IPC.
Parties & counsel
- appellant
Prakasan
- respondent
State of Kerala
Coram
Thomas P. Joseph
Case details
As recorded by the court registry
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