State Of Kerala & Anr vs C.P. Rao on 16 May, 2011
2) held that if the defence taken by the accused during trial appears
to be probable, the same can be considered. The version of all the
accused is consistent stating that the amount on the trap date was
towards repayment of the loan amount which was supported by both
PWs.1 and 2 and also DW1-independent witness. Further the Fair
Price Shop dealership in the name of PW2 was cancelled on the
allegation of misappropriation of rice. As seen from the evidence, there
is no other witness apart from the evidence of PWs.1 and 2 regarding
11
the demand. In fact, the contents of Ex.P1 were disowned by PW1
during trial. There is absolutely no evidence in the case which
establishes by admissible evidence and proof beyond reasonable
doubt the factum of demand by the accused. The Honourable
Supreme Court in State of Kerala and another v. C.P.Rao (supra