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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Purshottam Singh – Respondent
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 Section 447 of the IPC and Section 33 of the Indian Forest Act. It was asserted that Goverdhan Dass (PW1) made a complaint to the police (Ex.PW1/A) stating that the accused, Devi Lal, had encroached upon more than 10 bighas of land bearing khasra nos. 29, 32, 464, 467, 486, 720, 1090 and 1097 measuring 0-98- 31 hectares in Up Mohal Jani, Kalingo, and an action should be taken against him. The police registered an FIR (Ex.PW6/D). Devi Singh (PW2) demarcated the
Merely possessing or occupying land does not constitute criminal trespass unless proven intent to insult, intimidate, or annoy is established; also, proper notification process for protected forests ....
In appeals against acquittal, no interference unless perverse; valid demarcation with procedural safeguards, proof of trespass intent, and specific reserved forest notification essential for convicti....
The court emphasized that criminal trespass requires proving intent to annoy or insult, and mere possession does not constitute such an offense without established legal designation of the land in qu....
Illegal encroachment of protected forest land is a violation of statutory provisions, requiring immediate removal to prevent ecological damage and uphold property rights of the state.
Government authorities must enforce forest protection laws against encroachment, ensuring compliance with environmental regulations to restore designated areas.
The court emphasized the 'polluter pays principle,' mandating accountability for encroachers and directing strict enforcement against illegal encroachments on Government and Forest lands.
The notification under Section 29 of the Indian Forest Act declaring land as protected forest is final and does not require a separate final notification. The provisions of the Bihar Private Forest A....
The court established that claims of ancestral ownership do not negate the legal status of land declared as reserve forest, allowing for prosecution of encroachers.
Conviction under Section 33 of the Indian Forest Act reversed due to insufficient independent evidence and substantive defense claims.
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