STATE OF H.P. Vs. RATTAN CHAND

JUDGEMENT

(1.) This appeal is instituted by the State against the impugned judgment dated 16.12.2009 rendered by the learned Special Judge, Shimla, in Sessions Trial No.4-S/7 of 2008, whereby the respondent/accused, Rattan Chand, (hereinafter referred to as the "accused"), who was charged with and tried for offences punishable under Section 14 of the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 and Sec. 409 of the Indian Penal Code, has been acquitted.

(2.) The case of the prosecution, in a nutshell, is that the accused remained posted as Forest Guard of forest beat, Janahan w.e.f. 21.8.2000 to 30.5.2003. By virtue of a Forest Guard of the forest Beat, the accused was duty bound to patrol in the said forest beat and to guard and save forest trees from illicit felling and theft. However, the accused failed to perform his duties. During the months of Jan. 2003 to March 2003, 5 deodar trees were found illicitly felled from the forest compartment No.D-149, Dabar, out of which one felled Deodar tree of Class-II B along with 6 logs was found lying on the spot, whereas rest of the timber of five deodar trees was found to have been stolen. Similarly, during the said period, 41 trees of deodar were found illicitly felled from compartment No.D-150, Bagroa, out of which 8 fully grown trees of deodar and few logs were found to have been stolen. At that time, one Geeta Ram was posted as Block Officer of the forest concerned. In spite of the best efforts made by the Investigating Officer, the culprits who had illicitly felled the Deodar trees and had committed the theft of the timber of the value of Rs.9,72,908.00 could not be apprehended. During the course of investigation, it was found that the accused at the relevant time remained absent from duty and the trees, which were found illicitly felled and timber which was recovered on the spot, the same was detected after the absence of the accused from duty. Had the accused remained careful and vigilant about his duty, no theft could have taken place. During investigation, it was found that out of total 46 stumps, 9 fully grown trees and 11 logs were found on the spot. The said timber was taken into possession vide memo, Ext. PW2/A. The Investigating Officer took into possession tour diaries of PW2 Ved Parkash Gautam, Ext.PW6/A to Ext.PW6/E and the accused, Ext.PW6/F to Ext. PW6/J vide memo, Ext.PW6/K, permit book, Ext.PW11/D vide memo, Ext.PW5/A, copy of powers and duties of Forest Ranger/Deputy Ranger and Forest Guard, Ext.PW1/K through letter, Ext.PW1/L and compartment history, Ext.PW1/M pertaining to Forest D-149 and D-150 from the D.F.O., Theog vide letter, Ext.PW1/O. The investigation was completed and the challan was put up in the trial court after completing all codal formalities.

(3.) The prosecution examined as many as 14 witnesses, in all, to prove its case against the accused. Statement of the accused under Sec. 313 Cr. P.C. was recorded, in which he denied the case of the prosecution. In defence, the accused also examined 2 witnesses. The trial court acquitted the accused vide impugned judgment dated 16.12.2009. Hence, the present appeal.