IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
JOSEPH AUGUSTINE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. conviction based on insufficient evidence (Para 1 , 3 , 4) |
| 2. lack of certified notification (Para 5) |
| 3. confession lacked corroboration (Para 6) |
O R D E R
The petitioner is the first accused in C.C No.82/2003 on the files of the Judicial First Class Magistrate Court-II (Forest Offences), Punalur. He was found guilty of the commission of offence under Sections 27(1)(d), 27(1)(e)(iv) and 27(1)(e)(v) of the Kerala Forest Act , 1961, by the learned Magistrate, and convicted thereunder. A sentence of simple imprisonment for one year and fine Rs.1,000/- under Section 27(1)(d), and simple imprisonment for one year and fine Rs.1,000/- under Section 27(1)(e)(iv) were awarded as punishment. No separate sentence was awarded for the commission of offence under Section 27(1)(e)(v). Though the petitioner challenged the above verdict in appeal before the Sessions Court, Kollam, the learned Additional Sessions Judge-II, Kollam, who considered the appeal, declined to interfere with the findings of the learned Magistrate. Accordingly, the appeal was dismissed, confirming the conviction recorded and sentence awarded by the Trial Court. Aggrieved by the above concurrent verdicts of
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