IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 10TH FEBRUARY 2009 / 21ST MAGHA 1930 CRL.A.No. 1112 of 2001(C) ------------------------- CC.8/1993 of CHIEF JUDICIAL MAGISTRATE, KALPETTA, WAYANAD .................... APPELLANT(S)/COMPLAINANT -------------- FOREST RANGE OFFICER, MEPPAID REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, EKM BY PUBLIC PROSECUTOR SMT.PUSHPALATHA RESPONDENT(S)/ACCUSED --------------- 1. K.SANKARAN, S/O CHAPPAN, AMBALAKUNNU, KOTTAPPADI VILLAGE, VYTHIRI 2. CHINNAN, S/O KUNHIKANARAN, AMBALAKUNNU, KOTTAPPADI VILLAGE, VYTHIRI 3. BHASKARAN, S/O VELUTHIRI, AMBALAKUNNU, KOTTAPPADI VILLAGE, VYTHIRI 4. SANKARANKUTTY, S/O ACHUTHAN, AMBALAKUNNU, KOTTAPPADI VILLAGE, VYTHIRI. 5. VELAYUDHAN, S/O VELLI, AMBALAKUNNU, KOTTAPPADI VILLAGE, VYTHIRI ADV. SRI.V.V.SURENDRAN FOR R1 TO R4 SMT.T.V.NEEMA FOR R1 TO R4 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- Crl.A.1112/2001 -------------------- Dated this the 10th day of February, 2009 JUDGMENT The State has come up in appeal against the order of acquittal in C.C.No.8/93 on the files of the Chief Judicial Magistrate Court, Wayanad. The accused were prosecuted for the offence punishable under Section 27(2)(c) and 27(1)(g) of the Forest Act. Prosecution alleged that accused Nos.1 to 5 trespassed upon VFC Item No.83A of Kottappadi Section and cut and removed 30 bamboos from 11 bamboo clusters belonging to the Government and the same constituted an offence punishable under Sections 27(2)(c) and 27(1)(g) of the Act. PWs1 to 3 were examined in support of the case of the prosecution. The Court below declined to consider the evidence tendered by PWs1 to 5 as regards the cutting of the bamboo clusters, essentially on the premise that no evidence was produced to show that the land from where the bamboo clusters were allegedly cut and removed was vested forest and the primary Crl.A.1112/2001 2 responsibility of the Forest Department to produce a notification under Section 19 of the Act evidencing the area to be a vested forest was not discharged by them. The Court below therefore, rightly came to the conclusion that the accused are entitled to be acquitted under Section 248 (1) of the Cr.P.C. 2. Having heard learned Public Prosecutor and learned counsel for the respondents and having perused the records, I am in complete agreement with the findings entered in this behalf by the Court below. The Criminal Appeal is devoid of merit and accordingly, the same is dismissed. V.GIRI, Judge mrcs