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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
State of H.P. – Appellant
Versus
Chain Singh – Respondent
| Table of Content |
|---|
| 1. summary of facts and trial court findings on acquittal. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments presented by state and respondent in appeal. (Para 8 , 9 , 10 , 11 , 12) |
| 3. legal standards for interfering with an acquittal and evaluation of evidence. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. final order and disposal of appeal. (Para 27 , 28 , 29) |
The present appeal is directed against the judgment dated 04.03.2013, passed by the learned Judicial Magistrate, First Class, Jawali, District Kangra, H.P. (learned Trial Court), vide which the respondents (accused before the learned Trial Court) were acquitted of the commission of offences punishable under Sections 41 and 42 of the Indian Forests 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 against the accused for the commission of offences punishable under Sections 41 and 42 of the Indian Forest Act and Section 181 of the Motor Vehicles Act (M.V. Act). It was as
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