THE STATE OF MAHARASHTRA Vs. KRISHNA RAMCHANDRA GAWAND

JUDGEMENT

(1.) THIS is an appeal preferred against the Judgment and Order dated 28/2/2001 passed by the learned Chief Judicial Magistrate, Raigad -Alibag in Summary Criminal Case No. 583 of 1991, thereby acquitting respondent of the offence punishable under Section 33(1)(c) of the Indian Forest Act, 1927.

(2.) BRIEFLY stated facts of the case are as under: -

(3.) IT is seen from the impugned Judgment and Order that the learned Magistrate has based his finding of innocence of respondent on two facts which glaringly appear on record from the evidence of prosecution. First relates to non proving of the land in question to be the forest land and the second pertains to absence of any evidence establishing that unauthorized construction was made in the forest land by the respondent before 27/2/1980, the day on which the land in question was handed over to the Forest Department vide Mutation Entry No. 1222.