On 22 November 2014, Special Judge CBI-03, Delhi had dismissed an appeal filed by a convict who was sentenced to three years imprisonment by trial court in August 2014. The convict was held by police with a leopard skin on June 2004 at under Roop Nagar police station area.
When dismissing the appeal the court notes that:
The appellant has been convicted under Section 51(5) of Wild Life( Protection) Act, which provides that a person found to be guilty of offence for contravention of any provision of the Act(except Chapter VA and Section 38J) or any rule or order made thereunder, is liable to be punished with imprisonment for a term which may extend to 3 years or with fine which may extend to twenty five thousand rupees or with both, and it further provides that where the offence committed is in relation to any animal specified in Schedule I or Part II of Schedule II or meat of any any such animal or animal article, trophy or uncured trophy derived from such animal etc. shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine, which shall not be less than ten thousand rupees.
Leopard or Panther(Panthera pardus skin) find mention in entry no. 16B of Schedule I of the Wild Life( Protection) Act, 1972, and once the contravention of Section 49 of the Wild Life( Protection) Act, 1972, is proved, the appellant is liable to be punished with minimum sentence of three years and a minimum fine of Rs.10,000/. Vide impugned Order on Sentence dated 22.08.2014, the appellant has been sentenced to SI for 3 years and a fine of Rs.10,000/, which is the minimum sentence attracted to the contravention of Section 49 of Wild Life( Protection) Act, 1972. Since the sentence of minimum imprisonment has been provided under the provision for which the appellant has been convicted, the appellant is not entitled to be given the benefit of Probation of Offenders Act or to be enlarged on probation. The result being the impugned Judgment/Order on Sentence dated 21.08.2014/22.08.2014, are upheld. Appeal filed is dismissed.
