Back
P. VELMURUGAN
Thambhu @ Thambattan – Appellant
Versus
Forest Range Officer, Coonoor Forest Range – Respondent
ORDER :
Prayer : Criminal Revision filed under Section 397 and 401 of Criminal Procedure Code, praying to call for the records in Criminal Appeal No.4 of 2015 on the file of the learned Court of Sessions Judge of Magaliar Neethimandram, (FTMC), Udhagamandalam at Nilgiris and set aside the order dated 10.11.2020 confirming the conviction and the sentence passed by the Judicial Magistrate Court, Coonoor in C.C.No.86 of 2000 by a Judgment dated 12.12.2014 by allowing this revision.
This Criminal Revision case has been filed to set aside the Judgment dated 10.11.2020 passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Udhagamandalam, The Nilgiris in Criminal Appeal No.4 of 2015 confirming the conviction and sentenced passed by the Judicial Magistrate Court, Coonoor by Judgment dated 12.12.2014 in C.C.No.86 of 2000.
2. The respondent herein filed a case in O.R.No.2 of 2000 for the offences under Section 39(1)(a), (1)(b), 3(a), Section 49 and 51 of Wild Life Protection Act, 1972 and Sections 21(d) and 21(f) of Tamil Nadu Forest Act, 1882 before learned Judicial Magistrate, Coonoor. The learned Judicial Magistrate, Coonoor taken the case on the file in CC.N
The court emphasized the importance of proving the voluntariness and reliability of confessional statements and the admissibility of evidence under Section 72 of the Indian Forest Act.
Recovery alone is not sufficient to establish guilt in a case relying on circumstantial evidence.
Conviction supported by evidence recovered from premises, regardless of ownership claims.
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 ....
Recovery evidence alone cannot support a conviction without corroborating witnesses identifying the accused.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
