STATE OF RAJASTHAN Vs. SAROOPBHAI RANA & ANR.

JUDGEMENT

(1.) Aggrieved by the judgment dated 07.05.2008 passed by the Judicial Magistrate, First Class, Abu Road, District Sirohi, whereby the learned Magistrate has acquitted the accused-respondent of offence under Sec. 2(2) of the Forest Conservation Act, 1980 and under Sec. 26(d) of the Rajasthan Forest Act, 1953, the State has approached this Court.

(2.) The learned Public Prosecutor has contended that the testimony of Ugam Singh (P.W.1) is sufficient to prove that the accused-respondents were illegally in constructing a hotel in the forest land. Therefore, they had clearly committed the offence under Sec. 2(2) of the Forest Conservation Act as well as offence under Sec. 26(d) of the Rajasthan Forest Act, 1953. Thus, the learned Magistrate was not justified in acquitting the accused-respondents of the afore-mentioned offences.

(3.) On the other hand, the learned counsel for the respondents, has strenuously contended that the prosecution has miserably failed to prove its case beyond a reasonable doubt. Firstly, it has failed to prove that the land was demarcated as a forest. Secondly, there is no evidence to show that the hotel were being constructed illegally. The prosecution has merely shown the recovery of the certain tools and implements which are used for construction. However, these tools and implements can also be used for other activities other than construction. Lastly, according to the prosecution, three persons were noted to have committed the offences, yet the charge-sheet was not filed against all three of them. Hence, the learned Judge was certainly justified in acquitting the accused respondents.