JUDGMENT :

S.G. Chattopadhyay, J.

1. This criminal revision petition has been filed challenging the judgment dated 07.09.2018 delivered by the Sessions Judge, Gomati Judicial District, Udaipur in Criminal Appeal No. 09(1) of 2018. By the impugned judgment the leaned Sessions Judge affirmed the judgment and order of conviction and sentence dated 18.01.2018 passed by the Chief Judicial Magistrate, Gomati Judicial District, Udaipur in Case No. CR(F) 01/2016 convicting the petitioner under Section 42 of the Indian Forest Act, 1927 and sentencing him to R.I for three months and fine of Rs. 500 with default stipulation.

2. The factual background of the case is as under:

Prabitra Kr. Jamatia (PW-1), Officer-in-Charge of Forest Protection Unit, Garjee lodged a prosecution report in the Court of the Chief Judicial Magistrate at Udaipur on 1st February, 2016 alleging that at about 11.30 am on the day, he along with his accompanying forest staff detained a vehicle carrying registration No. TR-03B-1879 on its way from a place called Pitra to Udiaipur. Soon after they stopped the vehicle the driver of the vehicle along with three other persons ran away. But the petitioner could not escape. A search