JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, along with his co-accused, was tried for offences under Sections 27(1)(c),(1)(e) and 27(2)(c) of the Kerala Forest Act, hereinafter referred to as 'the Act'. Vide order dated 3rd June, 1996 passed by the Judicial Magistrate of the First Class-I, Thodupuzha, the petitioner has been held guilty under Section 27(1)(c), 27(1)(e) and 27(2)(c) of the Act and acquitted his co-accused. The petitioner has been sentenced to undergo rigorous imprisonment for one year under Section 27(1)(c) and to pay a fine of Rs.1,000/-, one year under Section 27(1)(e) and six months under Section 27(2)(c) of the Act. On appeal even though the conviction of the petitioner under Sections 27(1)(e) and 27(2)(c) of the Act was maintained, he was found not guilty under Section 27(1)(c). The sentence was also reduced to simple imprisonment for three months under Section 27(1)(e) and simple imprisonment for one month under Section 27(2)(c) of the Act, as would be clear from the order dated 16th September, 1998 passed by the Additional Sessions Judge, Thodupuzha. It is against these two orders that the present revision has been filed by 2nd accused.

(2.) The allegation against the petitioner was that on 15.6.1990 and within one week prior to that the accused trespassed into the reserve forest at Padikakam bhagam within the Thodupuzha Reserve by clearing the reserve tried to cultivate ganja plants and erected shed there and by their act, the Government sustained a loss of Rs.1,000/-.

(3.) Without joining issues on the merits of the case, learned counsel for the petitioner contends that the occurrence pertains to the year 1990 and in the manner aforesaid, the petitioner has suffered a protracted trial spanned over a period of more than 16 years and, therefore, the petitioner may not be sent to serve a jail term at this stage.