2007 (9) TMI 720 - HC - Indian Laws

Summary

Issues involved: Criminal appeal arising from common judgment dated 19.1.2000 passed by learned Sessions Judge, Solan involving charges under Sections 379, 420, 468 I.P.C. and Sections 41, 42 of the Indian Forest Act.

Summary:

1. Charges and Prosecution Case:
Five persons were prosecuted for offenses related to illegal transportation of timber. Accused were charged under Sections 379, 420, 468 I.P.C. and Sections 41, 42 of the Indian Forest Act. Truck carrying timber without permit was intercepted, leading to arrests and registration of FIR.

2. Conviction and Appeals:
Accused were convicted under Indian Forest Act and one accused additionally under Section 468 I.P.C. Appeals were filed against the convictions. The learned Sessions Judge accepted the appeals, prompting the State to file present appeals.

3. Legal Analysis - Forgery Allegations:
Allegations of forgery against one accused were not substantiated as the handwriting expert report was not proved as per law. The report was not admissible as evidence, leading to the acquittal of the accused under Section 468 I.P.C.

4. Limitation and Cognizance:
Cognizance of the offense was taken after a significant delay, raising issues of limitation under Section 468 Cr.P.C. The Supreme Court precedent emphasizes the importance of adhering to statutory limitations for fair trials. In this case, the trial of accused under the Indian Forest Act was time-barred, leading to the dismissal of all appeals.

Conclusion:
The appeals were dismissed as the trial of accused under the Indian Forest Act had become time-barred. The judgment highlighted the significance of adhering to statutory limitations for prosecution.