TRIPURA HIGH COURT
Atul Kumar Dey, J
Abdul Kader – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. conviction and sentencing details of the accused (Para 1 , 2 , 3) |
| 2. arguments surrounding witness credibility and evidence contradictions (Para 4 , 5 , 6) |
| 3. judicial limits on evidence reassessment and sentencing considerations (Para 11 , 12 , 18 , 19) |
1. Trial Court held the petitioners guilty of offence under S.42 of the Indian Forest Act for violation of Tripura Forest Transit Rules , 1952 and after conviction, sentenced each of them to Simple Imprisonment (SI) for 6 (six) months. In appeal, the Sessions court upheld the said conviction and sentence of the appellants and dismissed their appeal. Aggrieved appellants, have, therefore, challenged the impugned judgment and order dated 15.02.2019 passed by the learned Sessions Judge of Dhalai Judicial District in Criminal Appeal No.01 of 2018 where by the learned Sessions Judge upheld their conviction and sentence awarded by the trial court and dismissed their appeal.
2. Essential facts necessary for disposal of the case are as under:
On the tip of information received from secret source, the Officer - in - Charge of Forest Protection Unit, spotted a Maruti Omni nan on its way from Ambassa to Gandacherra on 13.12.201
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