The Gujarat High Court has recently accepted an appeal against the Tapi Court’s order while sentencing a man to life imprisonment for unlawfully transporting cows with the alleged purpose of slaughter, observing that if cow slaughter is abolished, all the world’s problems will be solved.
After admitting the appeal, the bench of Justices SH Vora and SV Pinto questioned the Trial Court’s findings as well as the method in which the evidence was appreciated and evaluated 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 remarked that all problems of the earth will be solved and the earth’s well-being will be established the day no drop of cow blood falls on the earth.
Essentially, the accused Mohammed Aameen Arif Anjum, who was detained in July 2020 for unlawfully carrying over 16 cows and their progeny in a truck, was found guilty by the Tapi Court alleged of transporting the cattle for the purpose of slaughter.
The Court stated that the prosecution was able to establish that the accused lacked a certificate from the appropriate authorities or written permission to transport of cattle, and so it had to be assumed that the accused was transporting the cattle for the slaughter.
In its 24-page ruling, written in Gujarati, the Court had further observed that under the current situation, 75% of the cow’s worth has been lost or destroyed, leaving only 25% of its wealth.
The Court also cited a Sanskrit shloka that states that if cows become extinct, the cosmos would cease to exist, and that cows are responsible for the formation of the Vedas and its six organs. The Court also described the cow murder and unlawful transportation acts a shame to civilized society.
The appellant/accused then proceeded to the High Court to challenge the conviction order and Tapi Court’s judgment, arguing that the trial court’s finding that the cattle were being transported for the purpose of slaughter was questionable.
He further claimed that the accused was not apprehended red-handed from the scene of the crime and that just four questions were asked of him in his Section 313 CrPC statement. Furthermore, the IO was unable to indicate where did the cattle originated and where they were being transported.
Taking note of the facts of the case, the bench observed, “What is the proof that he was driving (the truck)? He stated in his 313 CrPC statement that he was not the vahan chalak. The question is whether there should be evidence showing the accused was on the driving seat, with or without a license.”
When the accused’s counsel inquired as to why a life sentence was imposed in the case and on what grounds, the bench responded, “That you will find out as I am unable to find out from the findings (of the court). On the surface, we don’t find the (grounds) from reading the judgment.”
With this, the bench granted the appeal and scheduled the matter for further consideration on April 12, 2023 seeking a response from the state government.
