Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Taken up in Special Drive. Perused record. Accused filed
application and pleaded guilty to the offence. The consequences
pertaining to possible punishment made understand to the accused.
Despite that accused is ready to plead guilty and as such his plea is
voluntary.
2. Heard Ld. A.P.P. and accused on the point of sentence. Ld. A.P.P.
submitted and prayed for severe punishment. Against it, Ld. Advocate for
the accused made submissions that the accused not deliberately
committed the act. He is poor and committed act in ignorance of law. The
informant also present on behalf of State. On an inquiry he submitted that
offence is compoundable besides other grounds for conviction and
imposing of fine.
3. The record shows that accused captivated the parrot, a scheduled
animal without any license and also committed certain act of cruelty of
transportation. The whole record supports the contention of the
accused/applicant that he is poor and committed the act in ignorance of
law. These aspects needs due consideration. Considering the nature of the
offence, the animal involved i.e. a bird and status of the accused leniency
needs to be shown while awarding punishment. I am of the opinion that
minimum fine will serve the cause of justice along with undertaking to
the effect that he will not commit such act again. Therefore, following
order -
ORDER
a. The accused, is convicted under Section 252 of the Code of
Criminal Procedure for offences punishable under Sections 3, 39, 48 and
48-A r/w.51 of Wild Life (Protection) Act, 1972, and he is sentenced to
pay the fine of Rs.1,000/- for each of the offence i.e. he shall pay total
fine amount of Rs.4,000/-, as a whole amount of fine. In default accused
Page 1 of 2
-- 1 of 2 --
shall suffer simple imprisonment for a period of one week for whole
amount.
b. Cash security deposited by the accused shall be refunded after
appeal period.
c. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 11.03.2022 M.M., 12TH COURT, BANDRA, MUMBAI
Page 2 of 2
-- 2 of 2 --