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KRISHNA RAO
Rajani Kanto Burman – Appellant
Versus
State – Respondent
Based on the provided legal document, the key points are as follows:
The prosecution's failure to prove crucial evidence such as the seizure memo and expert report led to the court's decision to set aside the lower courts' judgments and acquit the petitioner (!) (!) .
The seizure memo lacked specific details regarding the place and time of seizure, raising doubts about the authenticity of the seizure of the wild pig meat (!) (!) (!) .
The evidence regarding the seizure of the sample used for expert analysis was not sufficiently proved, as the prosecution did not produce the seizure memo or other documents related to the sample, nor did they examine the witnesses who signed the expert report (!) (!) (!) .
The expert report was not proved during the trial because the expert was not produced as a witness and was not cross-examined, which compromised the reliability of the report (!) .
The veterinary examination could not conclusively identify the meat as wild pig due to the lack of laboratory facilities, and the certificate indicated that the meat could not be distinguished from domestic pork (!) .
The courts below relied heavily on the expert report and the seizure memo, both of which lacked proper proof and procedural validity, rendering their findings perverse (!) .
The court emphasized that the failure to establish the seizure details and the admissibility of the expert evidence undermines the case against the petitioner, leading to the conclusion that the petitioner must be acquitted (!) (!) .
The order of acquittal includes discharging the petitioner from bail bonds and sending the lower court records back to the lower court for further proceedings (!) (!) .
The decision was made to act on the server copy of the order, and the parties are entitled to obtain certified copies upon request and compliance with formalities (!) (!) .
In summary, the court found that the prosecution failed to establish the essential elements of the case, particularly the proof of seizure and expert examination, which led to the acquittal of the petitioner.
JUDGMENT :
Krishna Rao, J.
1. The petitioner had preferred the present revisional application against the judgment passed by the learned Additional Sessions Judge, North and Middle Andaman, Mayabunder in Criminal Appeal No.1 of 2021 (Rajani Kanto Burman vs. Range Officer –cum-Assistant Wildlife Warden, Diglipur) dated 28th February, 2022 wherein the learned Judge has dismissed the Criminal Appeal No.1 of 2021 by upholding the order of conviction dated 25th January, 2021 passed by the learned Judicial Magistrate First Class, North and Middle Andaman, Mayabunder in connection with complaint case No.5 of 2011 for the offence punishable under sections 9/39/40/50 of the Wild Life (Protection) Act, 1972.
2. The facts of the case are that on 14th December, 2010 at around 1930 hours, Shri Pankaj Sius, Forest Guard received information regarding illegal selling of meat of Andaman Wild Pig at Sitanagar, Diglipur and on receipt of said information, the said Forest Guard immediately along with Assistant Beat Officer, Shri Abdul Saleem, Forest Guard reached at Sitanagar and on reaching, they found that the Mobile Squad staff, Shri Arun Sarkar, Forester and Shri Kashmir Kerketta, Forest Guard carry
The prosecution must prove crucial evidence, such as seizure memos and expert reports, to support convictions under the Wild Life (Protection) Act, 1972.
Unrebutted evidence collected by prosecution appears to be quite enough for holding accused guilty under Section 51 of Wild Life Protection Act, and for that both Courts below have been fully justifi....
Appellate courts cannot order retrial solely to enable prosecution to remedy deficiencies their case.
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