22 March 2023 9:53 AM GMT
The Gujarat High Court on Tuesday admitted an appeal against Tapi Court's judgment and order sentencing a man to life imprisonment for illegally transporting cows with the presumed intention of slaughter while observing that all the problems of the earth will be solved if cow slaughter is stopped.Admitting the appeal, the bench of Justice SH Vora and Justice SV Pinto raised questions...
The Gujarat High Court on Tuesday admitted an appeal against Tapi Court's judgment and order sentencing a man to life imprisonment for illegally transporting cows with the presumed intention of slaughter while observing that all the problems of the earth will be solved if cow slaughter is stopped.
Admitting the appeal, the bench of Justice SH Vora and Justice SV Pinto raised questions regarding the Trial Court's findings and the manner in which the evidence was appreciated and examined by the court of Sessions Judge.
It may be recalled that in November last year while sentencing a 22-year-old man to life imprisonment, the first in the state of Gujarat, for illegally transporting cattle from the state of Maharashtra, Tapi Court had remarked that all problems of the earth will be solved and the well-being of the earth will be established the day no drop of blood of cow drops on the earth.
Read more about the Court's observations here: Religion Is Born Out Of Cow; Problems On Earth Will Be Solved The Day Cow Slaughter Is Stopped: Gujarat Court
Essentially, the accused/appellant Mohammed Aameen Arif Anjum, who was arrested in July 2020 for illegally transporting over 16 cows and their progeny in a truck, was found guilty of transporting the cattle for the purpose of slaughter by the Tapi Court.
The Court had observed that the prosecution was able to prove that the accused did not hold the certificate of the competent authority or written permission for the transportation of cattle and thus, it had to be presumed that the accused was transporting the same for slaughter.
In its 24-page order, written in Gujarati, the Court had further observed that in the present scenario, 75% of the cow's wealth has been lost or destroyed, and now only 25% of its wealth remains.
The Court had also quoted a Sanskrit shloka saying that if cows become extinct, the universe will also cease to exist and that the origin of the Vedas with all its six organs is because of cows. The Court had also called the incidents of cow murder and illegal transportation a disgrace to civilized society.
Now, challenging the conviction order and Tapi Court's Judgment, the appellant/accused moved to the High Court wherein his counsel argued that the trial court's finding that the cattle were being transported for the purpose of slaughter was questionable.
He further submitted that the accused was not caught red-handed from the place of occurrence and in his Section 313 CrPC statement, only 4 questions were put to him. Further, the IO could not specify where did the cattle come from and where were they being taken to.
Taking note of the facts of the case, the bench made the following observation:
"What is the evidence that he was driving (the truck)?...IN his 313 CrPC statement, he said he was not the vahan chalak...Question is that there should be evidence that the accused was on the driver seat, with or without license."
Thereafter, when the counsel for the accused raised a question as to why a life sentence was awarded in the case and on what grounds, the bench orally remarked thus:
"That you will find out as I am not able to find out from the findings (of the court)...On the face of it, we don't find the (grounds) from reading the judgment."
With this, the bench admitted the appeal and posted the matter for April 12 seeking a reply from the state government.