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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Tara Singh – Respondent
JUDGMENT :
RAKESH KAINTHLA, J.
The present appeal is directed against the judgment dated 26.5.2014, passed by learned Judicial Magistrate First Class, Rajgarh, District Sirmour, 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 26 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 26 of the Indian Forest Act. Amar Singh (PW6) made a complaint to the police (Ex.PW1/A) stating that the accused Tara Singh had encroached upon more than 10 bighas of land in the Reserved Forest, Dol; hence, an action should be taken against him. The police registered an FIR (Ex.PW9/A). Yoginder Sain (PW8) demarcated the land and found that the accused Tara Singh had encroached upon Khasra No.489/446/374/1, which was owned by the State.
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....
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 ....
Insufficient evidence to establish criminal conspiracy and illicit felling of trees led to acquittal, upholding the presumption of innocence for accused parties.
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.
In second appeals under Section 100 CPC, High Court cannot disturb concurrent findings of fact on demarcation report validity absent perversity or substantial question of law.
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