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SATYEN VAIDYA
Barkat Ali Son Of Sh. Imam Hussain – Appellant
Versus
State Of Himachal Pradesh – Respondent
ORDER :
By way of instant petition, petitioner has assailed the judgment dated 16.11.2012 passed by learned Sessions Judge, Kullu, H.P. in Criminal Appeal No. 97 of 2012 (27 of 11) whereby the judgment and sentence passed by learned Chief Judicial Magistrate, Lahaul & Spiti, Camp at Kullu on 01.04.2011 in case No. 193-I/2006 was affirmed.
2. The petitioner was charged for commission of offences under Section 379 IPC and Sections 41 and 42 of the Indian Forest Act. The allegation against the petitioner was that on 19.05.2006 he was illicitly transporting fourteen sleepers of Deodar wood without valid pass or permit and was apprehended at Forest Check Post, Larji at about 4.00 A.M. PW-3 Bansi Ram was posted as Block Officer (for short ‘BO’) at Forest Check Post, Larji. He had informed the Divisional Forest Officer (for short ‘DFO’), Banjar, who further informed the police. An investigating team of police reached the spot. The vehicle bearing No. HP-02-0694 alongwith timber was seized vide memo Ext.PW-2/A. The timber was handed over to PW-3 Bansi Ram on sapurdari vide document Ext.PW-2/B. Rukka Ext. PW-5/A was prepared by HC Hari Ram and was sent to Police Station for registration of FI
It is the duty of the prosecution and especially of I.O. of the case to satisfy the conscience of the Court by negating the chances of suspicion arising in the facts of case.
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....
Insufficient evidence led to the acquittal of the accused in a conviction for serious offenses.
In an appeal against acquittal, the High Court will not interfere if the trial court has taken a reasonable view based on evidence, especially where the prosecution fails to provide independent witne....
Transporting timber without a valid permit violates the Andhra Pradesh Forest Act and Timber Transit Rules.
The prosecution must prove ownership and legality of possession of forest produce; failure to do so results in acquittal.
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