VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was tried for offences under Sections 27 (1)(d)(g) and (2)(c) of the Kerala Forest Act. Vide order dated 8th December, 1995 passed by the Judicial Magistrate of the First Class-I, Thodupuzha, the petitioner has been held guilty under Section 27(1)(d) and sentenced to undergo simple imprisonment for four months and acquitted of the offences under Sections 27 (1)(g) and 2(c) of the Act. On appeal even though the conviction of the petitioner under Section 27(1)(d) of the Act was maintained, sentence was reduced to simple imprisonment for fifteen days, vide order dated 17th November, 1997 passed by the Additional Sessions Judge, Thodupuzha. It is against these two orders that the present revision has been filed.

(2.) The allegation against the petitioner was that on 30.8.1991, he had criminally trespassed into the Reserve Forest at Maniparakanam bhagam in Churuli beat within the Nagarampara Reserve, cut down a Venga tree costing about Rs.600/-, thus, causing a loss of Rs.900/- to the Government.

(3.) Without joining issues on the merits of the case, learned counsel for the petitioner contends that the occurrence pertains to the year 1991 and in the manner aforesaid, the petitioner has suffered a protracted trial spanned over a period of more than 15 years and, therefore, the petitioner may not be sent to serve a jail term at this stage.