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Rajesh & Anr. v. Union of India & Anr.

Criminal Appeal · 2025 INSC 705Decided 15 May 2025
Crl.A. Nos.-002616-002617 - 2025 (arising from SLP (Crl.) Nos. 4650-4651 of 2024)
Justice Sudhanshu Dhulia · Justice Ahsanuddin Amanullah

Background

Acting on secret information, a CBI team intercepted a car in Nagpur in 2001 in which the two appellants, Rajesh and Makbool Ahmed, were allegedly found with a tiger skin, tiger bones, tiger skulls, claws, teeth, and antler horns. Both were arrested, prosecuted, and convicted under the Wild Life (Protection) Act, and their conviction and six-year sentence were upheld by the Sessions Court and, on revision, by the Bombay High Court (Nagpur Bench).

Decision Breakdown

The Supreme Court noted real weaknesses in the investigation: the CBI never traced the alleged supplier or the intended buyer, and there were inconsistencies in witness accounts about how the interception happened. However, it found that the recovery itself was credibly established through two independent, unconnected witnesses whose testimony survived cross-examination, so the convictions were affirmed. On sentence, considering the appellants' young age at the time and the absence of evidence that they had personally poached the animals, the Court reduced the sentence from six years to three years' simple imprisonment plus a fine, with the fine directed to the Animal Welfare Board of India.

Lesson Learnt

A conviction can stand on credible, corroborated witness testimony even where the broader investigation was sloppy, but courts retain discretion to moderate the sentence where mitigating factors like youth and lesser individual culpability are present.

Official source (sci.gov.in)View Judgment (PDF)

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