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SHIVASHANKAR AMARANNAVAR
Rahmathkhan @ Hubli – Appellant
Versus
State – Respondent
JUDGMENT :
Mr. Shivashankar Amarannavar, J. - This appeal is filed by appellants - accused Nos. 1 and 2 praying to set aside the judgment of conviction and order of sentence dated 17.11.2012 passed in S.C. No. 189/2012 by the Presiding Officer, FTC-IV, Mysuru. Appellants - accused Nos. 1 and 2 have been convicted for offence under Section 87 of the Karnataka Forest Act (hereinafter for the sake of brevity referred to as 'the Act') and sentenced to undergo simple imprisonment for 3 years and to pay fine of Rs. 5,000/-. In default, to undergo simple imprisonment for a period of 8 months. The appellants - accused Nos. 1 and 2 have been acquitted for offence under Section 86 of the Act.
2. Factual matrix of the prosecution is that on 01.11.2010 P.W.3 - Yashwanthakumar, Police Inspector, N.R. Police Station along with his staff was on patrolling duty. At about 11.00 am when they were going to Pushpashrama ring road, R.S. Naidu Nagar, they found the appellants - accused Nos. 1 and 2 going in TVS XL moped. On seeing the Police the appellants - accused Nos. 1 and 2 were frightened and took deviation towards Hale Kesare road. On suspicion N.R. Police staff surrounded the appellants - accused
Possession of sandalwood exceeding 3 KGs without a license constitutes an offence under Section 87 of the Karnataka Forest Act, and the burden of proof lies on the accused to establish bona fide dome....
Conviction under the Karnataka Forest Act was overturned due to non-compliance with mandatory provisions regarding evidence of forest produce, specifically the absence of testimony from the Range For....
The appellate court upheld the trial court's conviction and sentencing of the accused under relevant laws, affirming that minor evidentiary discrepancies do not undermine the prosecution's case.
The prosecution failed to establish the guilt of the accused beyond a reasonable doubt, resulting in their acquittal.
Presumption u/s 69 is with respect to not a conscious mental state, or a direction by legislature that a certain state of affairs is deemed to exist, but with respect to ownership of property. It was....
(1) Sandalwood oil is forest produce.(2) Generally, there is a presumption that mens rea is an essential ingredient in every offence – Yet, that presumption can be displaced either by phraseology of ....
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