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S RACHAIAH
Manohar @ Manohanlal S/o Kadaraiah – Appellant
Versus
State Of Karnataka Through Kollegala Town P. S. – Respondent
ORDER :
1. This Criminal Revision Petition is filed by the petitioners, being aggrieved by the judgment of conviction and order of sentence dated 25.05.2010 in C.C.No.141/2009 on the file of the Civil Judge (Senior Division) and JMFC, Kollegal and its confirmation judgment and order dated 16.06.2014 in Crl.A.No.26/2010 on the file of the District and Sessions Judge at Chamarajanagara, seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioners/accused are convicted for the offences punishable under Sections 9 and 39(a) of the Wild Life (Protection) Act (for short ‘Act’) and 379 of Indian Penal Code (for short ‘IPC’).
Brief facts of the case are as under:
2. It is the case of the prosecution that, on 01.10.2005, at about 9.00 p.m., in the APMC Yard at Kollegala, the petitioners stated to have sold the tiger skin to accused Nos.1 and 2 and the accused Nos.1 and 2 were attempting to dispose of the same for higher price. The said tiger skin was brought in the Maruti Omni car and the said car was parked near Achgal Lodge. Based on the credible information, a case came to be registered against the accused Nos.1 to 4 for the offences stated supra.
3. To
Cognizance of offences under the Wild Life (Protection) Act can only be taken on the complaint of the authorized officers mentioned in Section 55, and the complaint should be filed in consonance with....
The central legal point established in the judgment is the mandatory nature of the provisions of Section 55 of the Wild Life (Protection) Act, 1972, which mandates that no court shall take cognizance....
Conviction supported by evidence recovered from premises, regardless of ownership claims.
Point of law: Courts below committed error in not considering the said aspect, the impugned judgment has been passed, which is erroneous and illegal and same is liable to be set aside.
Section 50(8) authorises an officer not below rank of Assistant Director of Wild Life Preservation or Assistant Conservator of Forests to receive and record evidence.
The main legal point established in this judgment is that procedural irregularities and violations of the Wildlife Crime Investigation Handbook can lead to the quashing of proceedings in a criminal c....
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