Murder of constable and leopard skin seizure - main accused acquitted

In April 2016 during a raid in Uttarkashi district of Uttarakhand, a constable of Special Task Force of police was shot dead by illegal wildlife traders and police managed to seize a leopard skin and deer antlers. A case has registered against four persons, during the trial 3 accused were used the option of plea bargaining and court sentenced them to 1 year and 8 months imprisonment. Trial against main accused was concluded and Sessions Court had acquitted him.

Haryana: Appeal filed by convicts allowed in black buck poaching case

Appeal filed by six convicts against the verdict of Special Environment Court in connection with killing of black buck and hares was allowed by Sessions court, Faridabad. The case was related to former Indian cricket captain (case against him was abated by lower court during the trial stage) and reported from Jhajjar district of Haryana on June 2005. 

Karnataka: Accused were acquitted in elephant electrocution cases

Recently a Sessions court in Mysuru were acquitted the accused in two separate elephant electrocution cases registered in Mysuru district, in both cases police was the complainant. Offence was reported on June 2012 and January 2016 respectively.

Court found out that in both cases complainant were failed to collect material evidence to show that the accused was the owner of the land where the elephants were found dead due to electrocution. In addition to that in both cases with regard to the offence punishable under Section 9 r/w Section 51 of Wildlife (Protection) Act, 1972 is concerned, the I.O. has not obtained the proper sanction from the concerned Authority under Section 55 of Wildlife (Protection) Act, 1972. Therefore, the cognizance of the offence punishable under Section 9 r/w Section 51 of Wildlife (Protection) Act, 1972 is not sustainable under Law.

Seizure of 8 leopard skins, accused acquitted in Delhi

In February 2009 Crime Branch of Delhi police seized 5 leopard skins in Delhi and arrested two persons. On further investigations with wildlife officials, 3 more leopard skins and traps were seized from Himachal Pradesh. After the trial a court in Delhi had acquitted both the accused.

In one of the observation court noted that “More so, as per Manual on Wildlife Species in Trade, 1^st Edition prepared by Wildlife Crime Control Bureau, Ministry of Environment & Forest, Government of India, there are procedural guidelines for identifying the wildlife species. Its Preface specifically provides that the agencies may note that similar and mere resemblance cannot be taken as confirmatory. Additional test like morphological, microscopic analytical and forensic tests may have to be undertaken for legal action. It is further provided in the Manual that for identifying the skin of leopard, the hair signature pattern of leopard can be identified if it is having the following pattern: color cremish brown, culticular scale pattern imbricate, medulla-Continuous, Medullary Index-0.657. Admittedly, in the present case no such test were conducted by the complainant and the above mentioned characteristics were also not proved being found on the recovered skins. The expertise of PW3 in identifying the recovered skins has not come on record. It is common knowledge that nowadays with the advent of new technologies fake skins can be prepared with the help of synthetic fibers which might be having same feel and texture as of a natural skin. In the absence of chemical analysis/forensic examination of the skins, it cannot be said with certainty that the recovered skins were of leopard. The complainant has failed to prove the same.”

Tiger skin seizure case accused acquitted by Juvenile Justice Board

Juvenile Justice Board of Nagpur had acquitted a person (case was registered under Wildlife Protection Act and IPC) who was arrested along with others in Nagpur Railway station, Maharashtra with 2 tiger skins and bones by CBI on November 2009. 

Peacock poacher acquitted in Delhi

A poacher accused for killing peacock in Delhi on January 2011 was acquitted by trial court. Court noted that there is delay of two days in producing the case property before the court since the date of commission of offence. As per Section 50 (4) of the Act, any person detained or things seized shall forthwith be taken to the Magistrate. Hence, mandatory compliance of Section 50 (4) of the Act has not been complied with. It creates doubt in the story of the prosecution.

Accused acquitted in biggest wildlife seizure case

In one of the biggest and widely discussed wildlife seizure case reported from India in 1993, the accused was acquitted by trial court on 29 May 2015. The case dated back to August and September 1993 in which a joint team of wildlife and police officials seized 8 tiger skins, around 400 kg tiger bones, 43 leopard skins, 3 clouded leopard skins, 128 otter skins and other wildlife articles in Delhi.

During the course of trial, accused Pema expired and accordingly proceedings against him were abated in July 2008 and accused Sansar Chand was discharged prior to his death on March 2010. The remaining one accused Mohammed Yakoob is now acquitted by court.

The court was critical on investigation officer and observed that act of him is not upto the mark. 

Tiger skin trader Dalbir acquitted

Notorious tiger skin trader and poacher from Haryana Dalbir was acquitted in trafficking of tiger skins by Kamptee judicial magistrate first class (JMFC), Maharashtra.
http://timesofindia.indiatimes.com/city/nagpur/Setback-for-forest-dept-tiger-skin-trader-Dalbir-acquitted/articleshow/45301713.cms

Accused acquitted in leopard skin seizure case

Trial court in Delhi had acquitted two persons from Himachal Pradesh whom were caught with a leopard skin by police in July 2010. A complaint on this regard was filed by the wildlife department of Delhi in court. Some of the court observations when acquitting the accused are:

The investigation of the case is not upto the mark. It is pertinent to mention here that  complainant was one of the experienced Wildlife Inspector and had appeared before the court in number of cases and as such better investigation/act is aspected on his part. The complaint appears to have been filed in a mechanical manner and without perusing the records. Had he visited the spot on the date of incident, he must have mentioned the correct facts in his complaint and  he ought to have   done   further   investigation or to   record   the   disclosure   statements   of accused himself as the disclosure statement recorded by a Wild Life Officer is admissible in evidence. Had done so, the fate of the case would have been different. 

It creates doubt over the prosecution story as well as two views and chances of false implication of the accused can not be ruled out. 

Wildlife case accused acquitted in Maharashtra

In the absence of sufficient evidence a local court in Gadchiroli district had acquitted four accused whom against a case was registered by forest department for illegal trade of leopard skin on March 2009 at Bhamragarh forest division.

Tiger poachers acquitted in Sariska

Sessions court in Alwar had acquitted two tiger poachers from Haryana on the basis of appeal filed by them against their conviction. Earlier trial court had sentenced them for 5 years imprisonment for killing tigers in Sariska Tiger Reserve.

Ivory case accused acquitted in Delhi

Two people caught with 26.4 kg of ivory in Delhi on April 2001 were acquitted by trial court due to material contradictions in the testimony of prosecution witnesses.

Accused in shahtoosh shawls seizure case acquitted

In February 2003 Delhi Wildlife Department raided an emporium in Delhi and arrested a person with 6 shahtoosh shawls (made from wool derived from Tibetan Antelope). After ten years, a trial court had acquitted the accused. Court observed that the number of contradictions in the testimony of prosecution witnesses regarding incidental aspects and the manner in which the case property was seized and produced before the court, the non-joining of the public/independent witness makes the prosecution story doubtful and it does not inspire any confidence.

Leopard skin case accused acquitted by court

After 18 years of trial a court in Delhi had acquitted two persons caught with a skin of leopard and spotted deer each in 1995. Court observed that the number of contradictions in the testimony of prosecution witnesses regarding incidental aspects, the non-joining of the public/independent witness makes the prosecution story doubtful and it does not inspire any confidence.