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G. A. SANAP
Yogesh – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
1. In this revision application, challenge is to the judgment and order dtd. 15/9/2016, passed by the learned Sessions Judge, Bhandara, whereby the learned Sessions Judge dismissed the appeal (except the modification of sentence) filed by the applicants/accused Nos.8, 9, 10, 11 and 13 against their conviction and sentence awarded by the learned Judicial Magistrate First Class, Sakoli for the offences punishable under Ss. 9, 27, 29 and 31 read with Sec. 51(1) of the Wild Life (Protection) Act, 1972 (for short "the Act of 1972"). The learned Magistrate, on conviction, had sentenced the accused to suffer rigorous imprisonment for one year and to pay fine of Rs.300.00 each and in default to suffer simple imprisonment for a period of one month.
2. BACKGROUND FACTS :-
On the report of PW-2 Anand Meshram (Forest Guard), a Crime bearing No.158/2005 was registered on 16/8/2005. It is the case of prosecution that on 16/8/2005, PW-2 Anand Meshram (Forest Guard) had received a secret information that two Chitals (axis axis) were hunted in Nagzira Forest and the meat was sold at Village Heti. They visited the house of the accused No.1 by name Najuk Gahane. They took the house searc
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 ....
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....
Provisions of Section 164 Cr.P.C must be complied with not only in form, but in essence.
The admissibility of confessions and the necessity of establishing a conclusive chain of circumstantial evidence are crucial for conviction in murder cases. Procedural violations render confessions i....
Confessions made voluntarily and without pressure under Section 164 of Cr.P.C. are admissible as evidence.
Confessional statement recorded without informing to accused as to why he desires to confess and he would not be remanded to police Lock-up even if, he does not confess guilt, cannot be relied on.
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