IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.R.UDAYABHANU FRIDAY, THE 27TH JULY 2007 / 5TH SRAVANA 1929 Crl.RC.No. 36 of 2000() ----------------------- CC.298/1996 of JUDL.MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES),PUNALUR .................... PARTIES : ----------------- 1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR BY PUBLIC PROSECUTOR SRI.AMJAD ALI 2. PONNU KANI SUKUMARAN KANI THOTTARIKATHU VEEDU MLAVATTY KANI SETTLEMENT KALLIKKADU VILAGE, NEYYATTINKARA TALUK. 3. SUKUMARAN KANI SURENDRAN THOTTARIKATHU VEEDU - DO - -DO- 4. THANKAN KANI RAMACHANDRAN THAZHY THOTTARIKATHU VEEDU - DO - -DO- THIS CRIMINAL RIVISION CASE HAVING BEEN FINALLY HEARD ON 27/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.R.UDAYABHANU, J. ------------------------------------ CRL.R.C.NO.36 OF 2000 ------------------------------------- Dated this the 27th July 2007 ORDER Suo motu revision was initiated by this Court as it was found that in C.C.No.298/1996 the minimum sentence envisaged by the statute which is simple imprisonment for a term which shall not be less than one year and a fine which shall not be less than 1000/-, was not imposed by the concerned J.F.C.M. The offence involved is under Sections 27(1)(e)III and IV of the Kerala Forest (Amendment ) Act. The sentence imposed is simple imprisonment till the rising of the court and to pay a fine of Rs.250/-. Evidently the action on the part of the court below is erroneous. 2. I find that the alleged loss involved for the Government is Rs.400/- and that the date of the incident is 5.11.1993. In the circumstances, I find that after the lapse of these much of time, it will not be proper to set aside the sentence imposed and remit the matter back to the court below. Hence, the Crl.R.C.is closed. K.R.UDAYABHANU, JUDGE csl