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2020 Supreme(MP) 247
MADHYA PRADESH HIGH COURT
Vishnu Pratap Singh Chauhan, J.
Arif Alias Sonu - Appellant
Versus
State Of Madhya Pradesh - Respondent
Cr.A. No. 4482 of 2019
Decided On : 25-02-2020
Shri Vijay Shukla, Learned Counsel, for the Appellant; Shri Vishal Yadav, learned Dy.Govt. Advocate and Shri Ashok Singh, Learned Panel Lawyer, for the Respondent-State
The main legal point established is the liability of the appellant for illegal transportation and cruelty towards the animals, as evidenced by his presence in the truck and the condition of the transported animals.
Headnote:
Animal Cruelty - Conviction under various sections of M.P. Govansh Pratishedh Adhiniyam, 2004, M.P.Krishik Pashu Parirakshan Adhiniyam, 1959, IPC, and Prevention of Cruelty to Animals Act - 4/9 R/w Section 34, 6/9 R/w Section 34, 6A/10, 11 R/w 34, 6B/10, 11 R/w 34, 11(1)(d), 471 R/w 34
Fact of the Case:
The appellant was convicted for illegally transporting cow progeny, committing cruelty upon the animals, and carrying them for slaughtering. The truck was found to be badly filled with cow progeny, some of which were dead, and the appellant was found in the truck attempting to flee from the police.
Finding of the Court:
The court found sufficient evidence to prove the appellant's involvement in the illegal transportation and cruelty towards the animals. The appellant's plea of innocence was not accepted, and the court upheld the conviction and sentence passed by the trial court.
Issues: The issues revolved around the appellant's involvement in the illegal transportation and cruelty towards the animals, the validity of the evidence presented, and the plea of innocence.
Ratio Decidendi: The court upheld the conviction based on the evidence of the appellant's presence in the truck, the condition of the transported animals, and the fraudulent intentions indicated by the fake number plate on the truck.
Final Decision: The appeal was dismissed, and the conviction and sentence passed by the trial court were upheld.
JUDGMENT
1. The appellant has filed this appeal under Section 374(2) of Cr.P.C. being aggrieved by the conviction and sentence passed by 3rd Additional Sessions Judge, Khandwa in S.T. No.110/2018 vide judgment dated 14/05/2019 whereby convicted and sentenced the appellant as follows:
| Section | Act | Imprisonment | Fine, | Imprisonment in lieu of find |
| 4/9 R/w Section 34 | M.P. Govansh Pratishedh Adhiniyam, 2004 | R/w IPC RI for one year | Rs.5,000/- | RI for two months |
| 6/9 R/w Section 34 | M.P. Govansh Pratishedh Adhiniyam, 2004 R/w IPC | RI for one year | Rs.5,000/- | RI for two months |
| 6A/10, 11 R/w 34 | M.P.Krishik Pashu Parirakshan Adhiniyam, 1959 R/w IPC | RI for two years | Rs.1,000/- | RI for one month |
| 6B/10, 11 R/w 34 | M.P.Krishik Pashu Parirakshan Adhiniyam, 1959 | R/w IPC RI for two year | Rs.1,000/- | RI for one month |
| 11(1)(d) | Animal Cruelty Act | Nil | Rs.50/ | Two days |
| 471 R/w 34 | Indian Penal Code | RI for five years | Rs.2,000/- | RI for three months |
2. The case of prosecution against both appellant, in short, is that in truck No.M.P.09 H.F.2037 was filled with cow progeny very cruelly in two partition and legs of the cow were cruelly tied by the rope. Informer informed this fact to Police Chowki, Borgaon, Police Station, Pandhana, Distt. Khandwa. Incharge of the Police Chowki after recording this information on Rojnamcha rushed to the spot along with Head Constable Tarchand, Constable Akhilesh, Constable Uday Singh and independent witnesses Sanjay and shivlal and made blockade. The alleged truck came on the bus-stand and when stopped by the Police, driver and persons who were sitting inside the truck after seeing Police stopped the truck and jumped and tried to flee away. They were five in number. Police chased them and caught hold four persons. One Ashfaque who was said to be driver of the truck, another Afsar, Faqueer, Arif alias Sonu (applicant), Irshad. They furnished information that they were carrying cattle cow progeny for slaughtering to Barungaon, Maharashtra. On inspection of truck, it was found that at the back side of the truck a wrong number of plate mentioning number M.P.09 HF 0989 was affixed. In the front side of number of plate two numbers were mentioned; one M.P.09 HF 2037 and on its back side M.P.09 HF 0989. After opening Tirpal Police party found that there were huge number of cow progeny badly filled in cruel manner. Legs and mouth of cattle were tied and some of them found dead. After conducting of these proceeding, temporary Crime No.36/2012 registered at Police Chowki Borgoan and sent FIR for registration of crime number to Police Station, Pandhana where Crime No.97/2012 registered against the appellant along with other co-accused. After recording of evidence and completion of investigation, charge sheet filed against the applicant along with other co-accused.
3. Learned trial Court framed charges against the applicant along with other co-accused persons for the offence punishable under Section 420 read with Section 34, 471 read with Section 34 of IPC, Section 4 read with Section 9 of M.P. Govansh Pratishedh Adhiniyam, 2004 read with Section 34 of IPC, Section 6 read with Section 9 of M.P. Govansh Pratishedh Adhiniyam, 2004 read with Section 34 of IPC as also under Section 6A read with Section 10, 11 of M.P.Krishik Pashu Parirakshan Adhiniyam, 1959 read with Section 34 of IPC, 6-B read with Sections 10, 11 M.P.Krishik Pashu Parirakshan Adhiniyam, 1959 read with Section 34 of IPC, Section 11(d) of Prevention of
