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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.GIRISH, J
ANILKUMAR – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. the conviction of the petitioner is based on disputed evidence regarding unlawful activities in a reserve forest. (Para 1 , 2 , 3) |
| 2. prosecution must establish unlawful entry into reserved areas with proper certification. (Para 4 , 5) |
| 3. reliance on improper evidence renders conviction invalid. (Para 6 , 7) |
O R D E R
The concurrent findings of the Judicial First Class Magistrate Court-II, (Forest Offences), Punalur, and the Additional Sessions Court-III, Kollam, in C.C.No. 651/2005 & Crl.A.No.458/2010,respectively, convicting and sentencing the petitioner for the commission of offences under Sections 27 (1)(d), 27(1) (e)(iv) & 27(1) (e)(v) of the Kerala Forest Act, 1961 (in short, ‘Act’) are under challenge in this revision petition filed by the second accused in the said case.
2. The prosecution case is that the petitioner, along with the first accused, unlawfully entered in the reserve forest coming under Marthandakara reserve and illegally collected sand from Marthandankara Thodu and thereby committed the aforesaid offences. The forest staff of Urukunnu Beat are said to have detected the offence on 08.09.2005.
3. In the trial before the learned Magistrate, five w
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