JAINAP NISHA Vs. STATE

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS Criminal revision petition has been filed under Section 397 r/w 401 Cr.P.C. against the Judgment of conviction, dated 22.12.2004 made in C.A.No,95 of 2004 on the file of the learned Sessions Judge/Fast Track Court No.III, Chennai, confirming the conviction and sentence, dated 27.02.2004 imposed under Sections 466, 468, 471 r/w 468 and 420 IPC made in C.C.No,3895 of 2003 on the file of the Additional Chief Metropolitan Magistrate, Egmore, Chennai.

(3.) IN support of the prosecution case, P.Ws.1 to 9 were examined before the trial court. It is seen from the evidence of P.W.2 that FIR, Ex.P.1 bearing Cr.No,2279 of 1997 registered under Section 379 IPC was not prepared by him on 10.11.1997. As per the evidence of P.W.3, Forest Officer on 12.11.1997, while inspecting the vehicle, a TATA sumo, bearing Registration No.TN 07 L 0077 was found with 170 Kgs of sandal wood and that was subsequently confiscated as per procedure known to law. As per the evidence of P.W.4, Tmt. Alamelu Natarajan, learned XVI Metropolitan Megistrate, Chennai has stated that on 21.09.2000, a per the phone intimation received from the High Court, she inspected and submitted her reply. IN support of her contention, Ex.P6 was marked. It is seen that Ex.P6 is the copy of the letter. P.W.6, INspector attached to CBCID took over the investigation of this case, having received the FIR marked as Ex.P.7, examined the witnesses relating to the case in Cr.No,5 of 2000 on the file of the respondent. P.W.7 was the Forest Ranger, who has deposed that on 12.11.1997, when the TATA sumo vehicle was seized, neither the petitioner/accused nor the other accused was caught by them.