GHULAM MOHD Vs. STATE

JUDGEMENT

(1.) THIS is a criminal revision against the conviction and sentence of the petitioners by the Addl. District Magistrate at Badrawah which were confirmed on appeal by the Sessions Judge at Jammu.

(2.) THE offence charged falls under Section 6 of the Forest Act, 1987. The relevant portion of this section is as under: Any person who in a demarcated forest fells any tree shall be punished with imprisonment of either description for a term which may extend to on (c) month or with fine not exceeding one hundred rupees, or with both, in addition to such compenvicting for damage done to the forest as the convicting court may direct to be paid.

(3.) THE forest authorities launched a prosecution against the petitioners on the allegation that they felled three Deodar trees in a demarcated forest in Bhadrawah. The cutting of the trees has-been proved beyond possible doubt. That the frees cut did not belong to the petitioners also-appears to be fairly clear. But the main argument of the learned Counsel for the petitioners is that no offence under Section 6 of the Forest Act was established by the prosecution, because there is not even a shred of evidence on the record to indicate that the trees were cut from a demarcated forest. In spite of the utter absence of such important and material evidence the Addl. District Magistrate convicted and sentenced the petitioners to pay a. fine of Rs. 75/- and the Sessions Judge at Jammu confirmed the conviction and the sentence.