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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH
K.J. Jacob – Appellant
Versus
State (Range Officer, Kottiyoor Range), Represented By Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. criminal revision challenging lower courts' verdicts in wildlife offence. (Para 1 , 2 , 3) |
| 2. court reviews defective prosecution evidence and evidential gaps. (Para 4 , 5 , 6 , 7) |
| 3. retrial orders limited to exceptional circumstances. (Para 8 , 9) |
ORDER :
G. Girish, J.
The judgment dated 29.09.2020 of the Sessions Court, Thalassery, in Crl.A No.89/2016, remanding C.C No.392/2014 to the Judicial First Class Magistrate Court, Koothuparamba, for fresh disposal, is under challenge in this revision petition filed at the instance of the accused/appellant in the said case.
2. The prosecution case is that the accused entrapped and killed a wild boar which entered into his landed property, and made use of its meat for consumption as food. The offence was detected by the Flying Squad Range Officer, Thalassery, and his team pursuant to a search conducted at the residence of the petitioner/accused on 19.04.2012. It is stated that, in the aforesaid search, 2 Kg of meat kept in a sack and 3 Kg of cooked meat found in a pressure cooker, were recovered in addition to the utensils used for entrapping and killing the wild boar. It is the further case of the prosecution that the remnan
Appellate courts cannot order retrial solely to enable prosecution to remedy deficiencies their case.
Section 50(8) authorises an officer not below rank of Assistant Director of Wild Life Preservation or Assistant Conservator of Forests to receive and record evidence.
The prosecution must prove crucial evidence, such as seizure memos and expert reports, to support convictions under the Wild Life (Protection) Act, 1972.
Conviction supported by evidence recovered from premises, regardless of ownership claims.
Unrebutted evidence collected by prosecution appears to be quite enough for holding accused guilty under Section 51 of Wild Life Protection Act, and for that both Courts below have been fully justifi....
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