KAREEM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned Counsel for the appellants and the learned State Public Prosecutor.

(2.) THE appellants were the accused before the trial court for offences punishable under Sections 86 and 87 of the Karnataka Forest Act, 1963 (Hereinafter referred to as the 'KF Act' for brevity) and Sections 379 read with Section 34 of the Indian Penal Code, 1860 (Hereinafter referred to as the 'IPC, for brevity).

(3.) INSOFAR as the absence of any independent witness to the seizure panchnama and the mahazar is concerned, the court has opined that the appellants were apprehended early in the morning and it was a forest area and therefore, the attempt of the officers to secure an independent witness, was a futile attempt. Though he has admitted that by about 7 a.m., people would be moving about and would be available to have acted as independent witnesses, but when they did not see anybody even at 7 a.m., the court has held that there is no infirmity in the independent witnesses not being available as a witness to the mahazar. Hence, the trial court has ultimately held that the apprehension of the appellants and the seizure of the material is ample proof by the evidence of PWs. 1 and 3 and there is no reason to disbelieve their evidence and that it cannot be said that the case was falsely foisted against the accused and has opined that the prosecution had established its case beyond all reasonable doubt.