CRLR/190/2025
2025 Latest Caselaw 3828 UK

Uttarakhand High Court

CRLR/190/2025 on 23 April, 2025

Author: Vivek Bharti Sharma

Bench: Vivek Bharti Sharma

             Office Notes, reports,
             orders or proceedings or
SL.
      Date   directions          and                  COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
             Signatures
                                        CRLR No.190 of 2025
             23.04.2025
                                        Hon'ble Vivek Bharti Sharma, J.

Mr. Mehboob Rahi, Advocate for the revisionist.

2. Mr. Akshay Latwal, A.G.A. for the State.

3. This revision is filed against the judgment/order dated 30.01.2025 passed by IV Addl. Sessions Judge, Haridwar in Criminal Appeal No.245 of 2019, whereby the appeal filed by the revisionist has been dismissed by affirming the judgment/order dated 27.09.2019 passed by C.J.M., Haridwar, whereby the revisionist was convicted under Section 51 of Wild Life Protection Act, 1972 and was sentenced to two years R.I. with a fine of Rs.5,000/-.

4. Learned counsel for the revisionist/convict would submit that the prosecution did not examine one of the important witness, namely, Mahipal Singh, who was the member of the raiding party in the trial court, however, he would fairly concede that other members of the raiding party were examined to prove the recovery of head of Kakad from the residence of revisionist/convict.

5. He would further submit that there is no forensic report to conclusively prove that the Kakad was shot dead by the licensed rifle of the revisionist/convict.

6. At this stage, learned counsel for the revisionist/convict prays for time to file certified copies of the oral testimonies and other relevant evidences adduced in the trial court by way of supplementary affidavit.

7. Time prayed for, is allowed.

8. This Court is not inclined to allow the Misc. Application, which has been filed to exempt the revisionist/convict from surrendering before the court concerned. Said application is, accordingly, dismissed.

9. List on 16.06.2025.

(Vivek Bharti Sharma, J.) 23.04.2025 Rajni