Case Note & Summary
The petitioners, four individuals, were convicted by the Trial Court (Civil Judge and JMFC, Bhadravathi) in C.C. No. 5462/2006 for an offence under Section 104-A of the Karnataka Forest Act, 1963, and sentenced to simple imprisonment for two years and a fine of Rs. 2,500/- each. The conviction was confirmed by the Appellate Court (Fast Track Court, Bhadravathi) in Crl.A. No. 1/2011 on 22.10.2011. Aggrieved, the petitioners filed a criminal revision petition under Sections 397 and 401 of the Code of Criminal Procedure, 1973 before the High Court of Karnataka. The prosecution's case was that on 17.11.2002, forest officials received credible information and intercepted a vehicle near Seegehalla, finding sandalwood being transported illegally. The accused were arrested and charge-sheeted. During trial, the prosecution examined three witnesses, but the seizure witnesses (PW-1 and PW-2) turned hostile and did not support the prosecution's case. The investigating officer was not examined. The Trial Court and Appellate Court convicted the accused based on the evidence of PW-3, a forest guard. The High Court found that the evidence of PW-3 was not corroborated by independent witnesses and that the prosecution failed to prove the guilt beyond reasonable doubt. The High Court held that the conviction was unsustainable and set aside the judgments of both lower courts, acquitting the petitioners.
Headnote
A) Criminal Law - Forest Offence - Illegal Transportation of Sandalwood - Section 104-A Karnataka Forest Act, 1963 - Conviction set aside - The prosecution failed to prove that the accused were transporting sandalwood illegally; the seizure witnesses turned hostile and the investigating officer was not examined - Held that the conviction cannot be sustained in the absence of credible evidence (Paras 4-6).
Issue of Consideration
Whether the conviction of the petitioners under Section 104-A of the Karnataka Forest Act, 1963 is sustainable in law based on the evidence on record.
Final Decision
The High Court allowed the criminal revision petition, set aside the judgment and order of conviction dated 22.10.2011 passed by the Fast Track Court, Bhadravathi in Crl.A. No. 1/2011 and the order dated 15.12.2010 passed by the Civil Judge and JMFC, Bhadravathi in C.C. No. 5462/2006. The petitioners were acquitted of the offence under Section 104-A of the Karnataka Forest Act, 1963.
Law Points
- Burden of proof on prosecution
- Strict proof of forest offence
- Appreciation of evidence in criminal revision
- Section 104-A Karnataka Forest Act
Case Details
2019 LawText (KAR) (11) 20
Criminal Revision Petition No. 1175 of 2011
Sri Umesh B. for Sri R.B. Deshpande (for petitioners), Sri Vinayaka V.S. (HCGP for respondent)
Makthiyar, Ghouse Khan, Eshwaragiri, Amjad
The State by R.F.O., Bhadravathi
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Nature of Litigation
Criminal revision petition against conviction under Section 104-A of Karnataka Forest Act, 1963.
Remedy Sought
Petitioners sought setting aside of conviction and sentence imposed by Trial Court and confirmed by Appellate Court.
Filing Reason
Petitioners were convicted for illegal transportation of sandalwood; they challenged the conviction on grounds of lack of evidence.
Previous Decisions
Trial Court convicted petitioners on 15.12.2010 in C.C. No. 5462/2006; Appellate Court confirmed conviction on 22.10.2011 in Crl.A. No. 1/2011.
Issues
Whether the conviction under Section 104-A of Karnataka Forest Act is sustainable when seizure witnesses turned hostile and investigating officer not examined.
Submissions/Arguments
Learned counsel for petitioners argued that the prosecution failed to prove the case beyond reasonable doubt as seizure witnesses turned hostile and no independent evidence was led.
Learned HCGP argued that the evidence of PW-3 (forest guard) was sufficient to prove the offence.
Ratio Decidendi
In a criminal case, the prosecution must prove its case beyond reasonable doubt. When the seizure witnesses turn hostile and the investigating officer is not examined, the conviction cannot be sustained solely on the testimony of a forest guard without corroboration.
Judgment Excerpts
This petition is filed by the accused – petitioners herein seeking for a direction to set aside the order dated 22.10.2011 passed by the Appellate Court in Crl.A.No.1/2011 confirming the order of conviction and sentence passed by the Trial Court in C.C.No.5462/2006 dated 15.12.2010.
The prosecution has not examined the Investigating Officer and the seizure witnesses have turned hostile. Therefore, the conviction cannot be sustained.
Procedural History
The petitioners were convicted by the Trial Court (Civil Judge and JMFC, Bhadravathi) on 15.12.2010 in C.C. No. 5462/2006 for offence under Section 104-A of Karnataka Forest Act and sentenced to 2 years SI and fine of Rs.2,500/- each. They appealed to the Fast Track Court, Bhadravathi in Crl.A. No. 1/2011, which confirmed the conviction on 22.10.2011. Thereafter, they filed Criminal Revision Petition No. 1175 of 2011 before the High Court of Karnataka, which was allowed on 26.11.2019.
Acts & Sections
- Karnataka Forest Act, 1963: 104-A
- Code of Criminal Procedure, 1973: 397, 401
