RANCHI, India, May 25 -- Jharkhand High Court issued the following order on April 23:

1. 1. Heard Mr. A. K. Chaturvedy, learned counsel for the appellant and Mr. Tarun Kumar, Learned A.P.P.

2. This criminal appeal is directed against the judgment of conviction and sentence dated 18.10.2008 passed in Sessions Trial No. 77 of 1995 by the learned Addl. Sessions Judge, Fast Track Court-II, Chatra, whereby and whereunder the appellant has been convicted under Section 411 of the I.P.C. Section 42 of the Indian Forest Act and sentenced to undergo imprisonment for two years alongwith the fine of Rs. 1,000/- for the offence under Section 411 of the I.P.C. and imprisonment for Six months alongwith the fine of Rs. 500/- for the offence under Section 42 of the Indian Forest Act. All the sentences were directed to run concurrently. Factual Matrix

3. The factual matrix giving rise to this appeal is that on 08.11.1993, the informant police officer received secret information that the appellant has kept Katha biscuits which is stolen property and preparing to transport it by scooter. A search was conducted in the house of the appellant, where the appellant was present in his house. A scooter having without number plate was found in his house, on search from scooter, about 10 kgs. katha biscuits were recovered from the front and rear dicky of the scooter. On query about the paper of katha biscuits, the appellant could not produce and the same was seized by the police and registered F.I.R. against the present appellant.

4. On the basis of self-statement of the informant, Chatra P.S. Case No. 260 of 1993 was registered for the offence under Section 379, 411, 413 & 414 of I.P.C. and Section 33 & 42 of the Indian Forest Act and Section 20 of the Forest Produce Act.

5. After completion of investigation, the charge-sheet was submitted against the appellant for the offence under Sections 379, 411, 413 & 414 of I.P.C., Section 33 & 42 of the Indian Forest Act and Section 20 of the Forest Produce Act and after taking cognizance, the case was committed to the court of Sessions, where Sessions Trial No. 77 of 1995 was registered. The appellant denied the charges levelled against him and claimed to be tried. After conclusion of trial, the impugned judgment and sentence has been passed, which has been assailed in this appeal.

Submissions on behalf of the appellant:-

6. Learned counsel for the appellant without touching the merits of this judgment has confined himself towards none extension the benefit of Section 4 of the Probation of Offenders Act to the appellant and has submitted that the appellant has been convicted and sentenced to undergo imprisonment for two years for the offences under Section 411 of the I.P.C. for possessing 10 kgs. katha which was suspected to be stolen. Although, the seizure list has not been proved by the prosecution. It is further submitted that except the informant, no other witness has been examined to corroborate the prosecution case. It is also submitted that the case under Forest Act cannot be instituted on the basis of above and a complaint case was required to be filed by the Forest Department. Learned counsel for the appellant has further submitted that it is the first offence of the appellant and more than three decades have been elapsed from the date of occurrence.

*Rest of the document can be viewed at: (http://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=DGLYj3d%2B3YUl7w50SUed9qses6ewAMnZgJMPOlmAx9miQaEG8i1pfwOYKjPljlJc&caseno=Cr.A(SJ)/1358/2008&cCode=1&cino=JHHC010180392008&state_code=7&appFlag=)

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