Crl.R.C.No.1035 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

: 28.09.2022

Pronounced on : 09.02.2023

Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

Criminal Revision Case.1035 of 2021

1.Soundarajan

2.Lakshmanan

... Petitioners

Vs.

The State represented by

The Forest Range Officer,

Kotagiri Forest Range,

Kotagiri, The Nilgiris.

(O.R.No.1 of 2006)

... Respondent

Prayer: Criminal Revision filed under Section 397 and 401 of Criminal

Procedure Code, praying to set aside the Judgment dated 26.04.2021 passed

by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila

Court), Udhagamandalam, The Nilgiris in C.A.No.20 of 2016 confirming the

conviction and sentenced of 3 years Rigorous Imprisonment and fine of

Rs.10,000/- in default 3 months Simple Imprisonment in respect of the 1^st

petitioner for offence under Section 39(3) read with Section 51 of Wildlife

(Protection) Act, 1974 and 3 years Rigorous Imprisonment and fine of

Rs.10,000/- in default 3 months simple imprisonment in respect of the 2^nd

petitioner for offence under Section 9 read with Section 52 read with Section

51 of wild life (protection)Act 1974 passed by the learned Judicial

1/10

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1035 of 2021

Magistrate Judge, Kotagiri, The Nilgiris by Judgment dated 18.10.2016 in

C.C.No.62 of 2008.

For Petitioners

: Mr.L.Mouli

For Respondent

: Mr.S.Sugendran

Additional Public Prosecutor

****

ORDER

This Criminal Revision case has been filed to set aside the Judgment

dated 26.04.2021 passed by the learned Sessions Judge, Magalir

Neethimandram (Fast Track Mahila Court), Udhagamandalam, The Nilgiris

in C.A.No.20 of 2016 confirming the conviction and sentenced of 3 years

Rigorous Imprisonment and fine of Rs.10,000/- in default to undergo 3

months Simple Imprisonment in respect of the 1^st petitioner for offence under

Section 39(3) read with Section 51 of Wildlife (Protection) Act, 1974 and 3

years Rigorous Imprisonment and fine of Rs.10,000/- in default to undergo 3

months simple imprisonment in respect of the 2^nd petitioner for offence under

Section 9 read with Section 52 read with Section 51 of wild life

(protection)Act 1974 passed by the learned Judicial Magistrate Judge,

Kotagiri, The Nilgiris by Judgment dated 18.10.2016 in C.C.No.62 of 2008.

2/10

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1035 of 2021

2. The respondent herein filed a case in O.R.No.1 of 2006 for the

offences under Section 49-B1(a) of Wild Life Protection Amendment Act,

2002 before learned Judicial Magistrate, Kotagiri. The learned Magistrate,

Kotagiri taken the case on the file in CC.No.62 of 2008. After trial, the trial

Court found guilt of the 1^st petitioner for the offences under section 39(3)

punishable under Section 51 of Wild Life Protection Act and convicted and

sentenced to undergo three years of rigorous imprisonment and pay fine of

Rs.10,000/- in default to undergo three months simple imprisonment and 2^nd

petitioner for the offences under Section 9 r/w 52 punishable under Section

51 of Wild Life Protection Act and convicted and sentenced to undergo three

years of rigorous imprisonment and pay fine of Rs.10,000/- in default to

undergo three months simple imprisonment.

3. Aggrieved over the same, the petitioners herein filed an appeal in

Crl.A.Nos.20 of 2016 before the learned Sessions Judge, Magalir

Neethimandram, (Fast Track Mahila Court), Udhagamandalam at Nilgiris

against the Judgment passed on 18.10.2016 in C.C.No.62 of 2008. After

hearing the appeal along with other appeal filed by other accused, the

3/10

https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1035 of 2021

learned Sessions Judge dismissed the appeal and confirmed the Judgment of

conviction and sentence passed by the learned Magistrate.

4. Challenging the same, the present revision has been filed before this

Court.

5. The learned couns