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Rahul Dutta (Widlife Conservation)     19 February 2015

Eye witnessess in wildlife poaching cases

As you may already know that if a crime against wildlife happens inside a National Park or Wildlife Sanctuary, there is hardly any possibility of having any independent eye witnesses. Especially in the night when most of these crimes including poaching happens as no visitors are allowed inside the forests.  Hence, only park staff i.e. the patrolling forest staffs are present.

In such a scenario, when an accused is arrested red handed with weapon and produced in the court.  The court and the Defense lawyers argues that there are no independent witness and that all witness are of the forest department.  Unfortunately, in most cases the accused gets bail.

My questions are:

1) In such scenario what are the logical steps than can by taken by the Forest Dept and the PP.

2) Are there any case laws available which can be referred to with regards to eye witness and the Wildlife (Protection) Act, 1972.

Thank you in anticipation.

Regards

Rahul



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