JUDGMENT :

Ravindra Maithani, J.

The challenge in this revision is made to the followings:-

(i) The judgment and order dated 05.07.2022, passed in Criminal Case No.3267 of 2020, Forest Department, Haridwar vs. Lalit and another, by the court of Chief Judicial Magistrate, Haridwar, District Haridwar (“the case”). By it, the revisionist has been convicted under Section 51 of the Wild Life (Protection) Act, 1972 (“the Act”) and sentenced to undergo rigorous imprisonment for a period of seven years with a fine of Rs.25,000/-. In default of payment of fine, to undergo simple imprisonment for a further period of three months; and

(ii) Judgment and order dated 17.02.2023, passed in Criminal Jail Appeal No. 109 of 2022, Arun Vs. Forest Department by the court of 4th Additional Sessions Judge, Haridwar (“the appeal”). By it, the appeal has been dismissed and the judgment and order passed in the case has been upheld.

2. The case is based on a complaint filed by the Khushal Singh Rawat, Sub-Divisional Forest Officer, Haridwar Division. According to the complaint, on 18.04.2020, at 5:30 PM, when the forest officials were on patrolling duty, they spotted two persons having bags on their hands. One