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TMI Blog2007 (9) TMI 720X X X X Extracts X X X X X X X X Extracts X X X X ..... Sections 379, 420, 468 I.P.C. and Sections 41, 42 of the Indian Forest Act, Mangal Dev, Sukh Ram, Babu Ram and Gita Ram were charged under Sections 41, 42 of Indian Forest Act. The prosecution case is that on 16.11.1990 at about 10.45 a.m. A.S.I. Gurdyal Singh, Incharge, Traffic Barrier, Parwanoo along with H.C. Balak Ram, Constable Hans Raj, Constable Prem Dass and Constable Prabhat Chand were checking vehicles in routine manner at Parwanoo Barrier. Truck No. HP-14-0540 came there and was stopped, four persons were sitting in the cabin and three persons were sitting in the back portion of the truck which was loaded with gunny bags. The truck was checked and it was found that under gunny bags of apples there were 46 sleepers of Devdar. Non ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... p Kumar and Gita Ram under Sections 41, 42 of the Indian Forest Act and Anoop Kumar was also convicted under Section 468 I.P.C., each accused was sentenced under Sections 41, 42 of the Indian Forest Act for simple imprisonment of three months with fine of Rs. 500/-. Anoop Kumar was additionally sentenced simple imprisonment of three months and fine of Rs. 500/- under Section 468 I.P.C. In default of payment of fine further simple imprisonment of 15 days was awarded. All convicts filed separate appeals, except Sukh Ram and Gita Ram who filed joint appeal being Criminal Appeal No.I6-S/IO of 1999. The learned Sessions Judge decided all appeals by common judgment dated 19.1.2000 and accepted the appeals, hence the State has filed the present ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 15.7.1992 after about one year and eight months. The offence under Sections 41, 42 of the Indian Forest Act is punishable for six months which may double when the offence is committed after sun set or before sun rise. In the present case, the offence was committed at about 10.45 a.m. As per Section 468 Cr.P.C. one year limitation is provided for taking cognizance of offence where offence is punishable with imprisonment not exceeding one year. There is no order under Section 473 Cr.P.C. for taking cognizance of offence after the expiry of period of limitation. The Apex Court in State of Punjab v. Sarwan Singh 1981CriLJ722 , has held that the object of Section 468 Cr.P.C. is clearly in consonance with the concept of fairness of trial as e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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