The present appeal is directed against the judgment dated 2.11.2015, passed by the learned Sessions Judge, Mandi, District Mandi, H.P. (learned Appellate Court) vide which judgment of conviction dated 30.5.2014 and order of sentence dated 31.5.2014, passed by the learned Chief Judicial Mandi, District Mandi, H.P. (learned Trial Court) were partly upheld.

(The 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 filed a challan against the accused before the learned Trial Court for the commission of offences punishable under Section 447 of the Indian Penal Code (IPC) and Sections 32 and 33 of the Indian Forest Act. It was asserted that the accused had encroached upon the unprotected forest (UPF) in Mohal Kun, bearing Khasra No. 1/2, 255/10 and 255/9, measuring 10-9-06 bighas. He admitted the encroachment in the affidavit filed in File No. 102, dated 29.7.2002. Hence, a complaint was filed with the police for taking action against the accused as per the law. The police registered the FIR (Ex.PW6/B). HC Pawan Kumar (PW6) investi