KUNHI MOIDU Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the accused in C. C. 263/91 on the file of Judicial First Class Magistrate's Court, Mannarkkad. He was charge sheeted by the Forest Range Officer, Mannarkkad in O. R. 18/90 on the allegation that on 25-3-1990, the petitioner trespassed into the Injikulam Malavaram of Potasseri section of THEnkara forest range vested in the State Government and cut down different types of trees standing therein and attempted to remove them from the forest causing a loss of Rs. 500/- to the Government and thereby committed offences punishable under Sections 27 (i) (g) and 27 (2) (c) of the Kerala Forest Act.

(2.) ON appearance of the accused pursuant to issuance of summons, the learned Magistrate framed charge against the accused for offences punishable under Sections 27 (i) (g) and 27 (2) (c) of the Kerala Forest Act; read it over and explained it to him and questioned him. Thereupon he pleaded not guilty and consequently a trial of the case was conducted.

(3.) IT is argued by the learned counsel for the petitioner that there is absolutely no convincing evidence in the case either to show that the place from where the trees were allegedly cut is forest land vested in the government or to show that trees as alleged had actually been cut by the petitioner from anywhere, either from the vested forest or from the reserved forest.