STATE OF H.P. Vs. RAKESH KUMAR

JUDGEMENT

(1.) THIS is an appeal filed by the State of Himachal Pradesh against the judgment of the Court of learned Chief Judicial Magistrate, Solan, dated 16.3.1999, vide which both the respondents were acquitted of the charges framed against them under Sections 41/42 of the Indian Forest Act read with Section 379/34 I.P.C.

(2.) BRIEFLY stated the facts of the case are that during the night intervening 24.1.1992 PW10 Niranjan Singh, the then S.H.O. Police Station, Dharampur was present outside the Police Station for checking of the vehicles along with other police officials, a truck No. HIS 7895 came from Dharampur side. The truck was stopped and both the accused persons were present in the truck. The accused stated that they have loaded potatoes in the truck, but on checking, sleepers were recovered without export hammer and PWs Surinder Kumar and Sanjeev Kumar were associated and the timber was taken in possession, which were 65 sleepers. On this a report was lodged with the police and the case was investigated and the challan was filed before the learned trial Court who tried the respondents resulting in their acquittal as detailed above.

(3.) THE submissions made by the learned Additional Advocate General were that the guilt of the accused persons have been duly established from the statement of the Investigating Officer and to some extent by the statement of both the witnesses to the recovery memos and therefore, the findings recorded by the learned trial Court acquitting the respondents are liable to be reversed. On the other hand, the learned counsel for the respondents have supported the impugned judgment for the reasons given therein and have also referred to some infirmities and contradictions in the prosecution case, which shall be discussed below.