Point of Law: Section 62(C) of Karnataka Forest Act reads as certificate of Forest Officer to be an evidence.

ORDER :

Revision petitioner/accused feeling aggrieved by judgment of the first appellate Court on the file of I Addl. District and Sessions Judge, Uttar Kannada sitting at Sirsi (Itinerary at Yellapur) in Crl.A.No.67/2014, dated 7.6.2019, preferred this revision petition.

2. Parties to the revision petition are referred with their ranks as assigned in the trial Court for the sake of convenience.

3. The factual matrix leading to the case of prosecution can be stated in nutshell to the effect that 7.10.2009 at about 10.00 a.m. on receiving of credible information, informant/Range Forest Officer of Dandeli went to the spot and found TATA Indica Car bearing No.KA-22/A-3287 was parked in front of the house of accused at Badagunda village. On confirming the credible information searched car, it was found that there were 3 teak wood logs, 8 horns of stag and 4 horns of wild goat. The teak wood logs and wildlife produces were recovered under panchanama. The said forest produces were found to be in the car belonging to accused, who was in conscious possession of the same without there being any pass or permit from forest department. On these allegations, case is registered in Dandeli Forest Crime No. 1/2009-2010. The investigating officer on conclusion of investigation, filed charge sheet.

4. In response to summons, accused appeared through counsel. The trial Court on being prima facie satisfied, framed charge against accused for the offences alleged against him. Accused pleaded not guilty and claimed to be tried. Prosecution to prove the allegations made against the accused relied on the evidence of PWs.1 to 5 and documents at Exs.P.1 to 9.

5. On closure of prosecution evidence, statement of accused under Section 313 of Cr.P.C. came to be recorded. Accused denied all incriminating material evidence appearing against him and claimed that false case is filed. The trial Court after appreciation of evidence on record convicted the accused for the offences proved against him and imposed sentence as per order of sentence.

6. Accused challenged the said judgment of conviction and order of sentence passed by the trial Court before the First Appellate Court on the file of I Addl. District and Sessions Judge, Uttar Kannada sitting at Sirsi (Itinerary at Yellapur) in Crl.A.No.67/2014. The First Appellate Court after re-appreciation of evidence on record by judgment dated 7.6.2019, dismissed the appeal and confirmed the judgment of conviction and order of sentence passed by the trial Court.

7. Revision petitioner/accused challenging concurrent finding of both courts below contended that prosecution has not proved that seized TATA Indica Car bearing No.KA-22/A-3287 belongs to accused and he is owner of the same from where forest produces were alleged to have been seized. P.Ws.1 and 2 have given contrary evidence regarding description of car by stating it as Maruthi Car. Therefore, seizure of forest produces from either Maruthi car or TATA Indica Car bearing No.KA-22/A-3287 is very much doubtful, further search and seizure of forest produces from the car alleged to have been belong to accused is not in accordance with procedure contemplated under the Karnataka Forest Act and also under the Wild Life Protection Act. Both courts below have also not properly appreciated the evidence of prosecution witnesses in terms of legal requirement to prove the seizure of forest produces. The approach and appreciation of oral and documentary evidence by both courts below are contrary to law and evidence on record. Therefore, prayed for allowing revision petition and to set aside the judgment of both courts below. Consequently to acquit the accused from the charges leveled against him.

8. In response to notice, learned HCGP appeared for respondent/State.

9. Heard the arguments of both sides.

10. On careful perusal of oral and documentary evidence placed on record by the prosecution, it would go to show that on 7.10.2009 at 10.00 a.m. TATA Indica Car bearing No.KA-2