The burden of proof is upon the accused to prove that he had not committed the offence under the provisions of the Act of 1995.

DEEPAK MAHESHWARI, J.

1. This appeal has been preferred on behalf of accused-appellant Kalwa to challenge the judgment impugned dated 20.10.2016 passed by learned Additional Sessions Judge, Kotputli, District Jaipur in Sessions Case No.11/2016. Learned trial court has convicted accused Kalwa vide this judgment for the offences punishable under Sections 3/8, 5/8, 6/8, 9 & 10 of the Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act, 1995 ('the Act of 1995'). He has been awarded sentence for the aforesaid offences as follows :-

2. Heard learned counsel appearing for the accused-appellant and also learned Public Prosecutor. Perused the judgment impugned and material available on record.

3. As per the prosecution story, a report was lodged at Police Station Kotputli to the effect that near Raj Hotel, NH-8, Chowki Gordhanpura loading Eicher Canter vehicle bearing registration No.DL-01-GC-3178 is standing since previous night. Sacks of old clothes and rugs have been loaded in the vehicle. On receiving the information, Sub-inspector Naresh Singh of Police Station Kotputli reached on the spot and found above said vehicle surrounded by many persons. They have caught hold the driver also. On removing the old clothes and rugs, it was found that beneath the bamboo funtees, bovine animals were found in the vehicle, which were tied very badly. On checking the vehicle, 07 cows, 06 calves and 01 heifer were found dead. 13 bulls and 16 cows were found injured. Thereupon a report (FIR No.28/2016) was lodged for the offences punishable under Sections 3, 5, 6, 7, 8, 9 & 10 of the Act of 1995. After investigation, charge-sheet was filed against accused-appellant Kalwa S/o Lallu Singh for the aforesaid offences. After concluding the trial, learned trial court convicted the accused and sentenced him for the offences mentioned above.

4. Learned counsel appearing for the accused has argued that as per the prosecution story a Canter No.DL-01-GC-3178 was caught in the previous night of 5.1.2016 by some villagers. But prosecution has not examined those villagers, who caught the said vehicle on the spot. His argument is that they were the important witnesses which the prosecution has failed to get examined. He further submits that PW-1 Shimbhu Dayal and PW-2 Ram Kuwar have been examined as the eye-witness of catching hold of the vehicle No.DL-01-GC-3178, but PW-1 has admitted in his cross-examination that he reached on the spot within 15 minutes after getting a call of SHO Mr. Naresh Naruka, so he was not the eye witness.

5. Learned counsel has further drawn attention of this Court towards various lacunas of the investigation. Seizure memo and temporary supurdgi Ex.-P/1 has been prepared at 12:10 p.m. on 5.1.2016 whereas the postmortem reports Ex.-P/3 to Ex.-P/16 have been prepared prior to seizure of the vehicle and the bovine animals kept therein. These PMRs are stated to be prepared from 11:00 a.m. onwards. Injury report Ex.-P/17 has been prepared in respect of 16 bovine animals only whereas it is alleged that 29 bovine animals were seized, in injured position. He has also stated that the vehicle which is alleged to be seized was having the registration No.DL-01-GC-3178, but the documents Ex.-P/23 and Ex.-P/24 mentions the different registration number which is DL-01-JC-3178. He has argued that no proof has been submitted by the prosecution with regard to the fact that the bovine animals were being transported to any place situated outside the State of Rajasthan. In this situation, the factum of export does not stand proved by prosecution evidence. In light of these arguments his submission is that the judgment impugned suffers from serious legal infirmities and is liable to be quashed and set-aside.

6. Learned Public Prosecutor has vehemently opposed the prayer stating that the offences against the accused have been proved beyond doubt. PW-7 Mahaveer Singh has been examined besides PW-1 and PW-2