The need for reliable and cogent evidence to prove charges beyond reasonable doubt.

M.R. Verma, J.—This appeal is directed against the judgment dated 10.11.2000 passed by the learned Special Judge (Forests), Shimla whereby the accused/respondents Devki Nand, Attar Singh, Balak Ram and Hira Singh (hereafter referred to respectively as A-l to A-4) have been acquitted of a charge under Sections 120-B, 379 and 420 of the Indian Penal Code, Sections 41 and 42 of the Indian Forest Act and Section 5(2) of the Prevention of Corruption Act, 1947 corresponding to Section 13(d) of the Prevention of Corruption Act, 1988.

2. Case of the prosecution in brief is that in the year 1981-82 A-l and one Devi Ram since deceased were working as Forest Contractors under the name and style of M/s. Devki Nand Devi Ram having IL Khudan mark and DD property mark. A-2 and A-3 at that time were respectively posted as Forest Guard and Block Officer in Chhajpur Forest and A-4 was posted as Range Officer, Forest Range, Jubbal. One Sansar Chand, since deceased was posted as Assistant Conservator of Forests, Forest Division Rohru. An inquiry was held about the allegation of the illicit felling in Chhajpur Forest and on the basis of the inquiry report Ext. PW-16/A and letter Ext. PW-16/B of V.K. Sharma (PW-1) FIR was registered by Police Station, Enforcement South Zone, Shimla. After obtaining requisite permission, the case was investigated by P.P. Sethi (PW-44).

3. During investigation, it was found that in the year 1981 aforesaid concern M/s. Devki Nand Devi Ram (hereinafter referred to as the offending firm) had purchased 46 logs of Deodar, 469 nags of Rai/Fur, 450 nags of Hakris and 200 Gelas, 29 logs of Deodar and 171 logs of Rai/Fur of the total volume of 398.63 cubic meters in two public auctions as such timber had come near Rumnu Khud because of the 1978 floods. The timber was so purchased for a consideration in the sum of Rs. 1,47,000. The said timber was converted by the offending firm into scants and as a result of such conversion 931 scants of Deodar and 9120 scants of Rai/Fur total 10051 scants became available. Such scants were marked with the Khudan and property marks of the offending firm.

4. The offending firm preferred an application alongwith the list of the aforesaid converted timber to D.F.O. Rohru for permission to float the said scants by way of Ghal from Rumnu Khud to Snail in Uttar Pradesh. The D.F.O. sent the said application alongwith its annexures for verification to A-2 to A-4. On verification A-2 and A-3 reported that no timber of illicit origin was found to have been collected by the firm for floating. Therefore, on the recommendations of A-2 and A-3 the concerned D.F.O. accorded permission to the firm to float the said scants numbering 10051 by ghal in Rumnu Khud.

5. The investigation further revealed that another Forest Contractor Mangal Singh was also floating timber by Ghal at that time and the timber being floated by two Ghals got mixed up. In the meanwhile, D.F.O. Rohru received complaint regarding floating of illicitly procured timber by the offending firm and the firm of Mangal Singh. A»2 when came to know about the floating of illicitly procured timber prepared damage reports No. 14 and 15 against the offending firm and the Forest Contractor Mangal Singh, copies whereof were endorsed to the D.F.O. Rohru. The floating work of both the Ghals was stopped and the timber was stacked. The offending firm feeling aggrieved by the stopping of its work filed a writ petition in the High Court in which a Commission was appointed. The timber collected on the spot was inspected and checked by the forest and police officials. Ext. PW 2/A is the list of the timber found in Rumnu Khad prepared by PW-2. Vide seizure Memo Ext. PW 2/G 46 scants of timber were recovered from a water channel in UPF Chhajpur. Ext. PW3/B is the list and Ext; PW 2/A is the seizure Memo, regarding 1199 nags of Devdar and Rai taken in possession from Rumnu Khad. Vide Seizure Memo. Ext. PW 3/C 13 nags of kail, vide memo Ext. PW 3/G timber of D