THAMBHU Vs. FOREST RANGE OFFICER

JUDGEMENT

(1.) This Criminal Revision case has been filed to set aside the Judgment dtd. 10/11/2020 passed by the learned Sessions Judge, Magalir Neethimandram (Fast Track Mahila Court), Udhagamandalam, The Nilgiris in Criminal Appeal No.4 of 2015 confirming the conviction and sentenced passed by the Judicial Magistrate Court, Coonoor by Judgment dtd. 12/12/2014 in C.C.No.86 of 2000.

(2.) The respondent herein filed a case in O.R.No.2 of 2000 for the offences under Sec. 39(1)(a), (1)(b), 3(a), Sec. 49 and 51 of Wild Life Protection Act, 1972 and Ss. 21(d) and 21(f) of Tamil Nadu Forest Act, 1882 before learned Judicial Magistrate, Coonoor. The learned Judicial Magistrate, Coonoor taken the case on the file in CC.No.86 of 2000 and framed charges against the petitioner. After trial, the trial Court found guilt of the petitioner for the offences under Sec. 39(3)(a) and 49 punishable under Sec. 51 of Wild Life Protection Act, 1972 and convicted and sentenced to undergo three years of simple imprisonment and pay fine of Rs.10,000.00 in default to undergo six months simple imprisonment and trial Court found not guilt of the petitioner for the offences under Ss. 21(d) and 21(f) of Tamil Nadu Forest Act, 1882 and acquitted under Sec. 248(2) of Cr.P.C.

(3.) Aggrieved over the same, the petitioners herein filed an appeal in Crl.A.Nos.4 of 2015 before the learned Sessions Judge, Magalir Neethimandram, (Fast Track Mahila Court), Udhagamandalam at Nilgiris against the Judgment passed on 12/12/2014 in C.C.No.86 of 2000. After hearing the appeal, the learned Sessions Judge dismissed the appeal and confirmed the Judgment of conviction and sentence passed by the learned Magistrate.