State of H.P. vs Purshottam Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 15

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Purshottam Singh – Respondent

Advocates Appeared:
For the Appellant : Jitender K. Sharma
For the Respondents: Chaman Verma, Kiran Lata Negi

Table of Content
1. facts of the case leading to acquittal (Para 1 , 2 , 3 , 4)
2. observations on the standard of proof in acquittal appeals (Para 6 , 11 , 12 , 13)
3. arguments on prosecution's failure to prove intent (Para 7 , 9 , 10)
4. requirements for proving criminal trespass intent (Para 15 , 17 , 18)
5. provisions of the indian forest act regarding notifications (Para 20 , 21 , 23)
6. conclusion dismissing the appeal and order for bail (Para 25 , 26 , 27)

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment dated 06.09.2014, passed by learned Chief Judicial Magistrate Kinnaur, District at Reckong Peo, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Section 447 of the Indian Penal Code ( IPC ) and Section 33 of Indian Forest Act. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Secti