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Supreme Court of India 2019-03-06 allowed

Pawan Kumar & Ors vs State of Himachal Pradesh

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this criminal appeal arising from a Special Leave Petition, the Supreme Court reviewed a High Court's decision that had reversed the trial court's acquittal of the appellants and convicted them under sections 41 and 42 of the Indian Forest Act for unauthorized felling/transport of forest produce. The High Court relied on the independent witness's failure to deny signatures on the seizure memo and the production of a log sample. The Supreme Court set aside the conviction and acquitted the appellants, holding that the High Court's reliance on these pieces of evidence was insufficient to overturn the acquittal. The Court noted that if the appellants had already served the sentence, they stood acquitted of the charge.

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Criminal Law Forest Law Appellate Jurisdiction Evidence Acquittal

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