GAHC010106352011

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Rev.P./130/2011

ABDUL KASHEM

S/O BAKTA JAMAL R/O VILL- NO.1 BOGIDWARA

P.S. BIJNI

P.O. PANBARI

DIST. CHIRANG

BTAD

ASSAM. VERSUS

THE STATE OF ASSAM

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Advocate for : MR.P SEN

Advocate for : MR. D GOGOI

SC

FOREST DEPTT. appearing for THE STATE OF ASSAM

BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : 30.10.2025 Heard Mr. S. Das, learned counsel, as Amicus Curiae, for the petitioner. Also heard Mr. B. Sarmah, Special Public Prosecutor, Forest, appearing for the respondent.

2. The present revision petition has been instituted assailing the Judgment dated 13.12.2010, passed by the Additional Sessions Judge (FTC), Bongaigaon, in Criminal Appeal No.03(1)/2010, upholding the conviction of the petitioner, herein, vide Judgment dated 29.12.2009, passed by the Sub-Divisional Judicial Magistrate (M), Bijni, in C.R. Case No.132/2007, convicting and sentencing the petitioner, herein, under Sections 24/25/35/41 of the Assam Forest Regulation, 1891.

3. The prosecution case in brief is that on 06.07.07, Sri Amarendra Nath, Forester Grade-1, of Manas National Park, lodged a complaint before the SDJM(M), Bijni, inter alia, stating therein, that on 30.06.2007 at about 7.00 p.m, while he and his colleague were on patrol duty at No.9 Bishnupur Area of Manas National Park, they had apprehended 9(nine) nos. of persons carrying logs in 6 nos. of Bullock carts from inside the Manas National Park. It is further projected that the Bullock carts along with the 7(seven) nos. of Khakan logs valued at around Rs.10,777/-(Rupees ten thousand seven hundred seventy seven) were seized from the possession of the persons so apprehended.

The said complaint on being lodged came to be registered as C.R. Case No.132/07, and the learned Trial Court on taking cognizance of the offence involved, summons came to be issued to the accused, including the present petitioner.

During the Trial the prosecution examined 5(five) witnesses.

Thereafter the accused, including the petitioner, herein, were examined under Section 313 CrPC.

On conclusion of the Trial, the learned Trial Court vide Judgment dated 29.12.2009, on appreciating the evidences coming on record was pleased to convict the accused including the petitioner, herein, under Sections 24/25/35/41 of the Assam Forest Regulation, 1891, and sentenced them accordingly.

Being aggrieved the petitioner assailed his conviction by way of instituting an appeal, being Criminal Appeal No.03(1)/2010, before the Court of the learned Sessions Judge, Bongaigaon. The said case was transferred to the Court of the learned Additional Sessions Judge (FTC), Bongaigaon, for disposal.

The Appellate Court on an appreciation of the evidences coming on record as well as appreciating the grounds taken in the appeal, proceeded vide Judgment and Order dated 13.12.2010, to dismiss the said appeal upholding the conviction of the petitioner, herein.

It is to be noted, herein, that the appeal as filed by the petitioner was considered along with another appeal, being Criminal Appeal No.05(1)/2010, filed by Rupam Ray and 6(six) others, who were also an accused before the learned Trial Court.

Being aggrieved the petitioner has instituted the present proceedings.

4. I have heard the learned counsel for the parties and also perused the materials available on record.

5. The learned Trial Court upon appreciating the evidences coming on record was pleased to draw the following conclusions ;

“16. In the instant case, as discussed above, the accused were found trespassed in the reserved forest areas and while in transit of forest produce within the Periphery of reserved forest areas without valid licence and this relevant material fact, has been substantiated by all the five prosecution witnesses in no uncertain terms. In this context as contended by the learned counsel Sri Sukanta Sarkar mere non examination of any independent witness or produc