SUBHENDU SAMANTA
Arabinda Barman – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SUBHENDU SAMANTA, J.
1. The instant criminal revision has been preferred against the judgment and order dated April 28, 2021 passed by the Learned Additional Sessions Judge, Alipurduar in connection with criminal appeal No. 9 of 2011 thereby affirming the judgment and order dated 16th August 2011 passed by the Learned Magistrate 3rd Court Alipurduar thereby convicted the present petitioner and sentenced him to suffer simple imprisonment for a term of 06 months for the offence punishable u/s 26(i) (e) (f) of Indian Forest Act 1927 and to pay a fine of Rs 500/- in default to suffer further simple imprisonment for a term of 30 days in connection with Cr(Forest) Case No. 293 of 2009 corresponding TR No. 1104 of 2009.
2. The brief fact of the case is that on the basis of a Prosecution Report of one Ranjit Kumar Roy, Deputy Ranger, Forest CR(F) Case No. 293 of 2009 was initiated against the present appellant u/s 26(1) (e) (f) of Indian Forest Act 1927.
3. The said case was transferred to the court of Learned Judicial 3rd Magistrate court Alipurduar for disposal and upon a completion of the trial and after hearing the parties the Learned Magistrate convicted the present petitioner
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 ....
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....
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....
The court upheld the conviction under the Indian Forest Act while highlighting the need for strict enforcement of forest protection laws, but reduced the sentence to account for the appellants' perso....
The legal requirement of the place being a reserved forest for the application of Section 26(e) and (f) of the Forest Act was emphasized, and the court highlighted the need for proof of such designat....
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 under Section 33 of the Indian Forest Act reversed due to insufficient independent evidence and substantive defense claims.
Prosecution must conclusively prove unlawful entry into a reserve forest with appropriate evidence; reliance on improper evidence invalidates conviction.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.