JUDGMENT

Arijit Pasayat, J.-The State of Orissa questions legality and propriety of the order by which a learned Single Judge of Orissa High Court rejected the prayer seeking leave to appeal under Section 378 (3) of the Code of Criminal Procedure, 1973 (in short the Code ). Following is the order passed on 1.2.1996:

"Leave to appeal is refused."

2. The State sought leave to appeal against the order passed by learned S.D.J.M., Nuapada, holding that the respondent Dhaniram Luhar (hereinafter referred to as the accused ) was not guilty of offences punishable under Section 27(1)(a) of the Orissa Forest Act, 1972 (in short the Act ).

3. Stand of the prosecution was that the respondent-accused had encroached about 5 acres of land for the purpose of cultivation in the Patidanger reserved forest. The official witnesses had deposed that the respondent-accused had encroached the land inside the aforesaid reserved forest within Sunabeda Wild Life Sanctuary and also produced sketch map of the plot under occupation of the accused. It is an accepted position that the accused in his statement under Section 313 of the Code had admitted encroachment of Government land. Learned S.D.J.M. held that mer