IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
STATE OF HP – Appellant
Versus
GOVIND SINGH – Respondent
The present appeal is directed against the judgment dated 24.01.2015 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Rohru exercising the powers of Court No.2, Rohru, 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 33 (c) of Indian Forest Act (Forest Act). (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 presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Section 447 of the IPC and Section 33 of the Forest Act. It was asserted that the accused had trespassed over Khasra No.1 measuring 1-30-80 hectares owned by the Forest Department in the Demarcated Protected Forest (DPF) Diswani by raising an apple orchard. Surat Singh (PW1) filed a written application (Ext.PW1/A) to the police for taking action against the accused as per the law. The police registered an FIR (Ext.PW7/A
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