State of Himachal Pradesh vs Balbir Singh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1427

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Balbir Singh – Respondent

Advocates Appeared:
For the Appellant :Mr. Prashant Sen, Deputy Advocate General.
For the Respondent:Mr. Surjeet, Advocate, vice, Mr. Anuj Gupta, Advocate.

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 23.07.2014 passed by learned Judicial Magistrate, First Class, Rajgarh, District Sirmour, H.P. (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Sections 447 of the Indian Penal Code (IPC) and Section 26 of the 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 against the accused 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. It was asserted that the accused had encroached upon more than 10 bighas of land bearing Khasra Nos.745/641//641/7, 765/734/642/1, and 745/641/6 measuring 5-07 bighas located in Penkuffar forest. A complaint (Ext.PW-1/A) was made to the police. The police registered the F.I.R. (Ext.PW-7/A). HC Balbir (PW-9) investigated the matter. Yoginder Sain (PW-8) demarcated the land and found that