Sekar v. Forest Ranger
Case brief
What is this about?
This judgment confirms the conviction and sentence of the third accused for possession of sandalwood pellets under the Tamil Nadu Forest Act, rejecting arguments for quashing the impugned orders due to lack of evidence or contradiction in witness statements.
What did the court decide?
Conviction and sentence confirmed; petitioner released on probation under Section 4 of the Probation of Offenders Act with a bond of Rs.500/-.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2017
CORAM
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN
Crl.R.C.No.783 of 2010
Sekar
... Petitioner
Vs. State represented by its Forest Ranger, Rasipuram Circle, Salem District, (STOR No.192/1996) ... Respondent Prayer:- Criminal Revision Petition has been filed under Section 397 & 401 Cr.P.C., to set aside the order of conviction and sentence dated 18.05.2010 in C.A.No.27 of 2010 on the file of the learned Additional District and Sessions Judge, Salem confirming the order of conviction and sentence dated 07.01.2010 in C.C.No.12 of 2003 on the file of the learned Judicial Magistrate No.VI, Salem and acquit the petitioner.
For Petitioner : Mr.R.Karthikeyan
For Respondents : Mrs.M.F.Shabana
Government Advocate
(Criminal Side)
ORDER
The third accused in C.C.No.12 of 2003 on the file of the learned Judicial Magistrate No.VI, Salem, is the petitioner herein. Totally, there are three accused and all of them were charged for the offence under Section 21(e)(d)(f) of the Tamil Nadu Forest Act (for short 'the Act'). The trial Court convicted all the three accused under Section 21(d) and (f) of the Act, and sentenced them to undergo one year simple imprisonment each, and also to pay a fine of Rs.300/- each, and in default, to undergo three months simple imprisonment. Challenging the above conviction and sentence, the third accused alone filed an appeal in C.A.No. 27 of 2010, on the file of the learned Additional District and Sessions Judge, Salem. The lower appellate Court dismissed the said appeal, and confirmed the conviction and
Issues for consideration
3 issues framed by the court
Whether the conviction and sentence under Section 21(d) and (f) of the Tamil Nadu Forest Act should be set aside in a criminal revision.
Whether the petitioner is entitled to be released on probation under Section 4 of the Probation of Offenders Act.
Whether there is any illegality or perversity in the conviction confirmed by the lower appellate court.
Parties & counsel
- petitioner
Sekar
- respondent
State represented by its Forest Ranger
Coram
V.BHARATHIDASAN
Case details
As recorded by the court registry
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