Back
ANIL L. PANSARE
Firoz Shah S/o Babbu Shah – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
ANIL L. PANSARE, J.
1. The applicants/original accused nos. 1 to 4 have questioned the legality, correctness and propriety of the judgment and order dated 28/3/2022 passed by the learned Sessions Judge, Amravati in Criminal Appeal No. 64/2016, thereby dismissing the appeal by which the applicants had challenged the judgment and order dated 9/3/2016 passed by the learned Joint Additional Chief Judicial Magistrate, Amravati in Regular Criminal Complaint Case No. 1022/2014. The learned Magistrate has convicted the applicants for contravention of Sections 40(1)(2), 48(A), 44 and 49(B) punishable under Sections 51, 51, 51 and 51(1-A) respectively of the Wild Life (Protection) Act, 1972 (for short “the Act”). The maximum punishment imposed is of three years. The appeal having been dismissed, the conviction of the applicants has been upheld.
2. The facts, which are necessary to decide the present application, are as under:
The central legal point established in the judgment is the strict requirement of confessions to be recorded by an authorized officer not below a specified rank, as mandated by the Wildlife (Protectio....
Confessions made under the Wild Life (Protection) Act must be recorded in strict compliance with legal safeguards to be admissible, and the prosecution bears the burden of proving guilt beyond a reas....
Confessions made under the Indian Forest Act must be voluntary and recorded in compliance with established procedural safeguards; failure to adhere to these requirements can lead to the exclusion of ....
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.
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.
Conviction supported by evidence recovered from premises, regardless of ownership claims.
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
