Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
G.BASAVARAJA
Shaik Hussain @ Kadar, S/o. Khasim Sab – Appellant
Versus
State Of Karnataka, By Huliyar Police Station, Tumkur – Respondent
| Table of Content |
|---|
| 1. criminal charges based on allegations of theft. (Para 1 , 3 , 4) |
| 2. arguments from the appellant and state regarding conviction and sentence. (Para 5 , 6) |
| 3. analysis of evidence and confirmation of conviction. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. order of dismissal of both appeals. (Para 13) |
JUDGMENT :
G.BASAVARAJA, J.
1. Criminal appeal No.6 is preferred by the appellant and against the judgment of conviction and Order on Sentence dated 21st October 2011 passed in SC No. 119 of 2009 and 271 of 2010 by the Fast Track Court, Tiptur (for short “the trial Court”). Criminal appeal No.186 of 2012 is preferred by the State, seeking enhancement of sentence.
2. For the sake of convenience, the parties herein are referred to as per their status before the trial court.
3. Brief facts leading to this appeal are that the Police Sub-Inspector, Huliyar Police Station, Chikkanayakanahalli Taluk, filed charge-sheet against accused 1 and 2 for the offence punishable under sections, 379 and 327 of Indian Penal Code and Sections 86 and 87 of Karnataka Forest Act. It is alleged by the prosecution that on the intervening night of 27/28th November 2017 at 12:30-1245 in the midnight, accused
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.
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....
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 Tamil Nadu Forest Act upheld due to strong prosecution evidence despite acquittal of co-accused, with sentence modified to reflect time already served.
Point of law: Re-appreciation of evidence - Revisional jurisdiction of High Court - In any case it is well settled that the scope of revisional jurisdiction of High Court does not extend to re-apprec....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
