State Of Kerala vs Badarudeen on 27 July, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl RC No. 39 of 2000()



1. STATE OF KERALA
                      ...  Petitioner

                        Vs

1. BADARUDEEN,S/O THAMPI RAWTHER
                       ...       Respondent

                For Petitioner  :PUBLIC PROSECUTOR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.R.UDAYABHANU

 Dated :27/07/2007

 O R D E R
                       K.R. UDAYABHANU, J.
                      -------------------------------
                        CRL.R.C.NO.39 OF 2000
                      -------------------------------
                     Dated this the 27th July 2007


                                ORDER

Suo motu revision was initiated by this Court as it was found

that in C.C.No.10/1997 the minimum sentence envisaged by the

statute which is simple imprisonment for a term which shall not be

less than one year and a fine which shall not be less than 1000/-,

was not imposed by the concerned J.F.C.M. The offence involved is

under Sections 27(1)(e)III and IV of the Kerala Forest (Amendment )

Act. The sentence imposed is simple imprisonment till the rising of

the court and to pay a fine of Rs.200/-. Evidently the action on the

part of the court below is erroneous.

2. I find that the alleged loss involved for the Government

is Rs.250/- and that the date of the incident is 16.5.1995. In the

circumstances, I find that after the lapse of these much of time, it

will not be proper to set aside the sentence imposed and remit the

matter back to the court below.

Hence, the Crl.R.C.is closed.

K.R.UDAYABHANU, JUDGE

lcs