27.2.2026 vs Of on 9 March, 2026

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    ADVERTISEMENT

    Himachal Pradesh High Court

    Reserved On: 27.2.2026 vs Of on 9 March, 2026

                                                                                       2026:HHC:6201
    
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                                  Cr. Appeal No. 347 of 2014
    
    
    
    
                                                                                       .
                                                  Reserved on: 27.2.2026
    
    
    
    
    
                                                  Date of Decision: 09.3.2026.
    
    
    
    
    
        State of H.P.                                                       ...Appellant
    
                                              Versus
    
    
    
    
                                                         of
        Tara Singh                                                          ...Respondent
    
    
        Coram
                               rt
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
    
        Whether approved for reporting?1 No.
    
        For the Appellant                 :         Mr Ajit Sharma, Deputy Advocate
                                                    General.
    
    
        For the respondent                :         Mr Rakesh Thakur, Advocate.
    
    
        Rakesh Kainthla, Judge
    

    The present appeal is directed against the judgment

    dated 26.5.2014, passed by learned Judicial Magistrate First

    SPONSORED

    Class, Rajgarh, District Sirmour, H.P. (learned Trial Court), vide

    which the respondent (accused before the learned Trial Court)

    was acquitted of the commission of offences punishable under

    Section 447 of the Indian Penal Code (IPC) and Section 26 of

    Indian Forest Act. (Parties shall hereinafter be referred to in the

    1
    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    same manner as they were arrayed before the learned Trial Court for

    convenience.)

    .

    2. Briefly stated, the facts giving rise to the present

    appeal are that the police presented a challan before the learned

    Trial Court for the commission of offences punishable under

    Section 447 of the IPC and Section 26 of the Indian Forest Act.

    of
    Amar Singh (PW6) made a complaint to the police (Ex.PW1/A)

    stating that the accused Tara Singh had encroached upon more
    rt
    than 10 bighas of land in the Reserved Forest, Dol; hence, an

    action should be taken against him. The police registered an FIR

    (Ex.PW9/A). Yoginder Sain (PW8) demarcated the land and

    found that the accused Tara Singh had encroached upon Khasra

    No.489/446/374/1, which was owned by the State. He prepared

    the report (Ex.PW8/A). Notification (Ex.PW6/B) and history file

    (Ex.PW6/C) were seized by the police. Statements of witnesses

    were recorded as their version, and after completion of the

    investigation, a challan was prepared and presented before the

    learned Trial Court.

    3. Learned Trial Court found sufficient reasons to

    summon the accused. When the accused appeared, a notice of

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    accusation was put to him for the commission of offences

    punishable under Section 447 of the IPC and Section 26 of the

    .

    Indian Forest Act, to which he pleaded not guilty and claimed to

    be tried.

    4. Prosecution examined 10 witnesses to prove its case.

    Jia Lal (PW1), Saroj Devi (PW2), Kamlesh (PW3), Kali Dass (PW5)

    of
    and Hem Raj (PW7) were present during the demarcation.

    Ramesh Kumar (PW4) did not support the prosecution’s case.

    rt
    Amar Singh (PW6) made a complaint to the police. Yoginder

    Sain (PW8) demarcated the land. ASI Rajesh Pal (PW9) and HC

    Balbeer Singh (PW10) investigated the matter.

    5. The accused, in his statement recorded under Section

    313 of Cr.P.C., denied the prosecution’s case in its entirety. He

    stated that he had not encroached on any Government land, and

    he had enjoyed the land of his forefathers. He did not produce

    any evidence in defence.

    6. Learned Trial Court held that the demarcation was

    not conducted as per law because three permanent points were

    not taken. The plea of the accused that he was occupying the

    land since the time of his forefathers was made probable on

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    record. Mere possession, even if illegal, is not sufficient to

    constitute criminal trespass. Hence, the learned Trial Court

    .

    acquitted the accused.

    7. Being aggrieved by the judgment passed by the

    learned Trial Court, the State has filed the present appeal

    asserting that the learned Trial Court erred in acquitting the

    of
    accused. It was duly proved on record that the accused had

    encroached upon the Government land. Yoginder Sain (PW8)
    rt
    conducted the demarcation as per law after following the

    prescribed procedure. Learned Trial Court erred in holding that

    three permanent points were not taken, whereas the report of

    demarcation, a copy of musabi and the field book clearly showed

    that fixed points were taken. There was no boundary dispute

    between the parties, and the report of demarcation was not

    relevant. The accused admitted that he had been enjoying the

    land since the time of his forefathers. Therefore, the

    demarcation report was not material in the present case. The

    trespass into the Government land could only be with the intent

    to annoy the State. The prosecution had proved its case beyond a

    reasonable doubt, and the learned Trial Court erred in acquitting

    the accused. Hence, it was prayed that the present appeal be

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    allowed and the judgment passed by the learned Trial Court be

    set-aside.

    .

    8. I have heard Mr Ajit Sharma, learned Deputy

    Advocate General, for the appellant-State and Mr Rakesh

    Thakur, learned counsel for the respondent/accused.

    of

    9. Mr Ajit Sharma, learned Deputy Advocate General,

    for the appellant-State, submitted that the learned Trial Court
    rt
    erred in acquitting the accused. It was duly proved by the

    evidence on record that the accused had encroached upon the

    Government land and raised an apple orchard over it. The

    accused claimed in his statement recorded under Section 313 of

    Cr.P.C. that he was enjoying the land since the time of his

    forefathers, and he had not disputed his possession. The learned

    Trial Court erred in holding that the report of the demarcation

    was not required. The learned Trial Court had taken a view that

    could not have been taken by any reasonable person. Therefore,

    he prayed that the present appeal be allowed and the judgment

    passed by the learned Trial Court be set aside.

    10. Mr Rakesh Thakur, learned counsel for the

    respondent/accused, submitted that the accused had not

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    admitted his possession of the Government land. He only

    claimed that he had been enjoying the land since the time of his

    .

    forefathers. The evidence proved that the Government land and

    the private land were contiguous. Therefore, it was essential to

    demarcate the land to establish that the accused had encroached

    upon the Government land. There was no satisfactory evidence

    of
    in support of this fact, and the learned Trial Court had rightly

    acquitted the accused. This was a reasonable view that could
    rt
    have been taken based on the evidence produced before the

    Court, and this Court should not interfere with the reasonable

    view of the learned Trial Court while deciding the appeal against

    the acquittal. Hence, he prayed that the present appeal be

    dismissed.

    11. I have given considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    12. The present appeal has been filed against a judgment

    of acquittal. It was laid down by the Hon’ble Supreme Court in

    Surendra Singh v. State of Uttarakhand, (2025) 5 SCC 433: 2025 SCC

    OnLine SC 176 that the Court can interfere with a judgment of

    acquittal if it is patently perverse, is based on misreading of

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    evidence, omission to consider the material evidence and no

    reasonable person could have recorded the acquittal based on

    .

    the evidence led before the learned Trial Court. It was observed

    at page 438:

    “24. It could thus be seen that it is a settled legal position
    that the interference with the finding of acquittal

    of
    recorded by the learned trial Judge would be warranted by
    the High Court only if the judgment of acquittal suffers
    from patent perversity; that the same is based on a mis-
    reading/omission to consider material evidence on
    rt
    record; and that no two reasonable views are possible and
    only the view consistent with the guilt of the accused is

    possible from the evidence available on record.

    13. This position was reiterated in State of M.P. v.

    Ramveer Singh, 2025 SCC OnLine SC 1743, wherein it was

    observed:

    21. We may note that the present appeal is one against
    acquittal. Law is well-settled by a plethora of judgments

    of this Court that, in an appeal against acquittal, unless
    the finding of acquittal is perverse on the face of the

    record and the only possible view based on the evidence is
    consistent with the guilt of the accused, only in such an
    event, should the appellate Court interfere with a
    judgment of acquittal. Where two views are possible, i.e.,
    one consistent with the acquittal and the other holding
    the accused guilty, the appellate Court should refuse to
    interfere with the judgment of acquittal. Reference in this
    regard may be made to the judgments of this Court in the
    cases of Babu Sahebagouda Rudragoudarv. State of
    Karnataka (2024) 8 SCC 149; H.D. Sundara v. State of
    Karnataka
    (2023) 9 SCC 581 and Rajesh Prasad v. State of
    Bihar (2022) 3 SCC 471.

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    14. The present appeal has to be decided as per the

    parameters laid down by the Hon’ble Supreme Court.

    .

    15. The accused stated in his statement recorded under

    Section 313 of Cr.P.C. that he had not occupied any Government

    land and had enjoyed his forefathers’ land. Therefore, the plea

    taken in the memo of appeal that the accused did not dispute the

    of
    encroachment on the Government land is factually incorrect.

    Once the accused denied any encroachment on the Government
    rt
    land, it was incumbent upon the State to establish the

    encroachment by leading satisfactory evidence.

    16. Yoginder Sain (PW8) demarcated the land. He stated

    that he conducted the demarcation and found an encroachment

    over Khasra No. 489/446/374/1, which was owned by the State.

    He prepared his report (Ex.PW8/A), which shows that the

    demarcation was conducted, and Tara Singh was found in

    possession of Khasra No. 489/446/374/1, where he had raised an

    apple orchard. A tatima was prepared. Boundaries of Khasra No.

    489/446/374/1 were measured by drawing a perpendicular from

    the adjacent field.

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    17. Yoginder Sain (PW8) stated in his cross-examination

    that perhaps he had taken three permanent points, but he was

    .

    not sure of the Khasra number in which those points were taken.

    He could not tell the distance between the permanent points and

    the disputed points. Perhaps the statements were recorded

    about the permanent points, but they were not on record. He had

    of
    not issued any notice to the accused and the forest officials

    regarding their presence on the spot at the time of the
    rt
    demarcation.

    18. The process of demarcation was explained by this

    Court in State of H.P. v. Laxmi Nand, 1992 SCC OnLine HP

    41:1992(2) Sim. L.C. 307, wherein the instructions issued by the

    Financial Commissioner were considered, and it was held: –

    “17. It is the admitted case of the parties that, in so far as
    the three revenue estates are concerned, the maps

    prepared during the last settlement were not on the
    square system. Accordingly, the determining officer was
    required to relay the boundaries of the fields sought to be
    demarcated from the Shajra (village map), prepared at the
    last settlement. He was required to locate three
    permanent points on three different sides of the area
    sought to be demarcated. The three points so selected and
    to be taken as a basis must be those which are admitted to
    have remained undisputed from the last settlement. The
    officer is thereafter required to chain these three points
    on the spot and then compare the result with the distance
    given as per the scale on the Shajra. It is only when the

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    distances so compared agree that the Revenue Officer can
    proceed with further work of measurement. A pencil line
    is supposed to be drawn joining these three permanent
    points and thereafter perpendiculars are supposed to be

    .

    drawn from these lines to each of the points, which are
    required to be located on the spot, in order to enable him
    to find out the exact distance from these points to the

    point sought to be demarcated, and then tally the result
    with the help of the scale on the Shajra, which can be
    drawn only with the help of the scale on the Shajra, which

    of
    can be drawn only with the help of a crossed staff. The
    result is to be finally checked by measuring with the help
    of a scale on the Shajra. Since this report of demarcation
    is liable to scrutiny, by way of evidence, it is required that
    rt
    the report of the concerned officer on the face of it must
    explain the details and the manner as to how he made his

    measurements, which report must accompany a copy of
    the relevant portion of the Field Book of current
    settlement of the village showing KaruKans (dimensions)
    of the fields of which he took measurements as also a map

    showing therein the three permanent points, the fields
    measured and the boundary in dispute. As per the
    instructions, this is one of the necessary requirements to

    enable the Court to follow the method adopted and also in
    order to find out the veracity of the proceedings. The

    other requirement, while submitting the report, is to
    record the statements of interested parties before taking
    the three permanent points to the effect that all of them

    agreed and accepted the three points as permanent points
    on three different sides of the property. In case any
    objection is raised as to the manner in carrying out the
    demarcation, the said objection is required to be reduced
    into writing, so as to avoid the possibility of raising any
    question specifically and also to enable the Court to
    decide such objections. In case an objection is raised on
    the spot, the demarcating officer is also required to
    submit his opinion on such objections. In case, while
    carrying out the demarcation, any discrepancy is noticed
    in the area of the fields abutting on the boundary in

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    dispute as recorded in the last settlement and the one
    arrived at as a result of the actual measurement on the
    spot, the report is required to incorporate the same with
    an explanation as to the cause of increase or decrease, if

    .

    any, discovered on the spot. All these requirements, in our
    opinion, have been incorporated in the instructions with
    the ultimate object of ascertaining that while carrying out

    the demarcation correct method was adopted and no
    mistake was committed.”

    19. The Court considered a similar report was considered

    of
    in Laxmi Nand (supra), and held that when the details of the

    process adopted in the demarcation were not given, such a
    rt
    report is not admissible and cannot be used for convicting the

    accused. It was observed:

    “8. Now, in case reference is made to the three reports of

    demarcation alleged to have been carried out by Kewal
    Ram, Sadar Kanungo, namely, Exs. PO, PO/1 and PO/2, it
    can be seen that, as a matter of fact, they are not the

    demarcation reports but are only certificates to the effect
    that he carried out the demarcation of the fields

    mentioned therein. There is nothing on record that such
    demarcation was carried out by Kewal Ram as per the

    aforementioned instructions. There are copies of
    ShajraExs. PP and PR of revenue estate Gwalath appended
    to these certificates, but neither is there any mention of
    the three permanent points on these copies, nor do these
    contain the result of demarcation, namely, drawing of
    perpendicular lines or depicting the location of stumps on
    any portion of the government land. There are two other
    copies appended to these certificates, but apparently, the
    same are of subsequent date, namely, Ex. PT dated
    January 28, 1978 and Ex. P-4 dated January 24, 1978, but
    there is also no such endorsement on the copies. In the
    absence of there being any report of demarcation, it is not

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    possible to place reliance upon these certificates issued by
    Kewal Ram, which form the basis of lists Exs. PH, PK and
    PL, which are stated to have been prepared by Magni Ram,
    PW3, according to whom none of the accused was present

    .

    at the time of carrying out demarcation by Kewal Ram. He
    was also not in a position to state whether any proper
    method was adopted by Kewal Ram while carrying out

    demarcation, since he was also not conversant with the
    demarcation work of lands. As such, the Special Judge was
    perfectly justified in concluding that no reliance could be

    of
    placed upon the certificates issued by Kewal Ram or as to
    the correctness of lists Exs. PH, PK and PL, which
    admittedly had been prepared as a result of the
    certificated issues by Kewal Ram and the same could not
    rt
    be used for forming the basis while holding that any tree
    was felled by the accused-respondents Nos. 7 and 8 from

    the government land comprised in Khasra Nos. 8 and 68
    in Mauza Gwalath and Khasra No. 2 in jungle Mihani.”

    20. In the present case, the report of the demarcation

    does not describe the procedure, and no reliance can be placed

    upon it.

    21. HC Baldev Singh (PW8) admitted in his cross-

    examination that the land of the accused and other persons was

    located adjacent to the disputed land. Thus, the plea taken in the

    memorandum of appeal that the demarcation was not necessary

    cannot be accepted. When the land of the accused is located

    adjacent to the disputed land, it was necessary to demarcate

    them to pinpoint the land over which an orchard was raised. In

    the absence of the proper demarcation, it was not established

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    that the orchard was raised on the government land, and the

    learned Trial Court had rightly discarded the prosecution’s case

    .

    that the accused had encroached upon the government land.

    22. Yoginder Sain (PW8) stated in his cross-examination

    that no summons was issued to the accused and the forest

    officials. He volunteered to say that intimation was given

    of
    through Patwari. Kamlesh-Patwari (PW3) stated in her cross-

    examination that no notices were issued to the accused and the
    rt
    local persons to associate during the demarcation. Thus, it is

    apparent that the demarcation was conducted in the absence of

    the accused. It was laid down by this Court in State of H.P. vs.

    Joginder Singh 1992 (1) Shim. LC 339 that where the demarcation

    was conducted in the absence of the accused, the same cannot be

    relied upon to convict him. It was observed:

    “7. Be that as it may, the testimony of PW-3 Keshav Ram,

    Kanungo, shows that only Forest Officials were present at
    the time of demarcation. Assuming that the said
    demarcation was properly done by him at the material
    time while verifying the tatima Ex. PW-2/A, but no notice
    to the accused at the material time has at all been served,
    nor was he present at the relevant time. In that view of
    the matter, the demarcation has not been done properly
    according to the instructions issued by the Financial
    Commissioner, Himachal Pradesh. A very basic
    foundation in view of it is wiped out. I need not discuss
    the other evidence resulting in the conclusion arrived at

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    by the trial Court. To my mind, the Court below has
    rightly considered the evidence in recording the
    impugned order of acquittal. Accordingly, the appeal is
    dismissed.”

    .

    23. Section 441 of the IPC defines criminal trespass as an

    entry upon the property in possession of another with intent to

    commit an offence or to intimidate, insult or annoy any person

    of
    in possession of such property. It was laid down by the Hon’ble

    Supreme Court in Mathri v. State of Punjab, 1963 SCC OnLine SC
    rt
    180: AIR 1964 SC 986 that the prosecution has to prove that the

    aim of the accused was to insult, intimidate or annoy and merely

    because the insult, intimidation or annoyance was caused by the

    entry is not sufficient. It was observed:

    18. We think, with respect, that this statement of law, as

    also the similar statements in Laxaman Raghunath case
    [26 Bombay 558] and in Sellamuthu Servaigaran case [ILR

    35 Mad 186], is not quite accurate. The correct position in
    law may, in our opinion, be stated thus: In order to
    establish that the entry on the property was with the

    intent to annoy, intimidate or insult, it is necessary for
    the Court to be satisfied that causing such annoyance,
    intimidation or insult was the aim of the entry; that it is
    not sufficient for that purpose to show merely that the
    natural consequence of the entry was likely to be
    annoyance, intimidation or insult, and that this likely
    consequence was known to the persons entering; that in
    deciding whether the aim of the entry was the causing of
    such annoyance, intimidation or insult, the Court has to
    consider all the relevant circumstances including the
    presence of knowledge that its natural consequences

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    would be such annoyance, intimidation or insult and
    including also the probability of something else than the
    causing of such intimidation, insult or annoyance, being
    the dominant intention which prompted the entry.

    .

    24. This position was reiterated in Rajinder v. State of

    Haryana, (1995) 5 SCC 187: 1995 SCC (Cri) 852, wherein it was

    observed at page 198:

    of
    “21. It is evident from the above provision that
    unauthorised entry into or upon property in the
    possession of another or unlawfully remaining there after
    lawful entry can answer the definition of criminal
    rt
    trespass if, and only if, such entry or unlawful remaining
    is with the intent to commit an offence or to intimidate,

    insult or annoy the person in possession of the property.

    In other words, unless any of the intentions referred to in
    Section 441 is proved, no offence of criminal trespass can
    be said to have been committed. Needless to say, such an

    intention has to be gathered from the facts and
    circumstances of a given case…”

    25. In the present case, the complaint (Ext.PW-1/A) only

    mentioned that the accused had encroached upon more than 10

    bigahs of land, and an action should be taken against him. There

    is no averment that the accused had encroached upon the land

    with an intent to commit an offence or intimidate, insult or

    annoy any person in possession; therefore, the ingredients of

    Section 447 of IPC were not satisfied.

    26. Section 26 of the Indian Forest Act deals with the acts

    prohibited in reserved forests. Section 4 of the Indian Forest Act

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    provides that whenever it has been decided to constitute any

    land a reserved forest, the State Government shall issue a

    .

    notification in a Government Gazette declaring that it has been

    decided to constitute such land a reserved Forest and specifying

    as nearly as possible its situation and limits.

    27. Section 6 of the Indian Forest Act provides that when

    of
    a notification is issued under Section 4 of the Act, the Forest

    Settlement Officer shall publish a proclamation specifying as
    rt
    nearly as possible the situation and limits of the proposed forest

    in the local vernacular in every town and village in the

    neighbourhood of the land comprised therein. While dealing

    with a similar provision of the Forest Act in Chapter IV, this

    Court held in State of H.P. vs. Amin Chand 1992 (2) Shim.LC 169

    that the issuance of the notification and its publication are

    necessary to attract the provisions of Section 33 of the Indian

    Forest Act. It was observed:-

    “7. Sections 29 to 39 of the Indian Forest Act, 1927
    (shortly hereinafter referred to as ‘the Act’) are material.
    The procedure of declaring protected forest is laid down in
    section 29 of the Act, which provides that the State
    Government may by notification in the official Gazette
    declare the provisions of Chapter IV of the Act applicable
    to any forest land or wasteland which is not included in a
    reserved forest, but which is the property of Government,

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    or over which the Government has proprietary rights, or to
    the whole or any part of the forest produce of which the
    Government Is entitled. The forest land comprised in such
    notification is referred to in the Act as a protected forest.

    .

    Sub-section (3) of section 29 of the Act provides for
    certain inquiries to be made before declaring a forest as a
    ‘protected forest’. Under section 30, the State Government

    is authorised inter-alia to declare any trees or class of
    trees in protected forest to be reserved from the date to be
    fixed by notification or to prohibit from a date fixed for the

    of
    removal of any forest produce and the breaking up or
    clearing for cultivation of any land in a protected forest for
    such terms, not exceeding thirty years as the State
    Government thinks fit. Resultantly, the rights of private
    rt
    persons, if any, over such portion shall stand suspended
    during such term, provided that the remainder of such

    forest be sufficient and, in a locality, reasonably
    convenient, for the due exercise of the rights suspended in
    the portion so closed. The Collector then is required under
    section 31 to cause translation into the local vernacular of

    every such notification issued under section 30 to be
    affixed in a conspicuous place in every town and village in
    the neighbourhood of the forest comprised in the

    notification. Section 32 entitles the State Government to
    make rules to regulate the forest matters set out in the

    said section, including “clearing or breaking up of land for
    cultivation or other purposes in such forest”. Section 33
    provides penalties for acts in contravention of a

    notification under section 30 or for rules under section 32.

    9. Apart from it, even if the aforesaid copy of the
    notification is assumed to be a legal and valid notification
    for the sake of argument, the requirement of section 31 of
    the Act has not been proved. Admittedly, as per the
    prosecution evidence, the land of the accused adjoins that
    of the alleged encroached land. Section 31 referred to
    above
    envisages that the Collector shall cause a translation
    into the local vernacular of every notification issued under
    section 30 to be affixed in a conspicuous place in every

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    town and village in the neighbourhood of the forest
    comprised in the notification Here neither oral nor
    documentary evidence has been adduced to show whether
    notification (Mark X) was translated in the local

    .

    vernacular and whether its copy was affixed in a
    conspicuous place in the neighbouring villages as
    envisaged therein This procedure is meant only so that the

    respondents of the neighbouring villages, much less the
    accused, may acquire knowledge as to the declaration of a
    particular forest into demarcated protected forest, In the

    of
    absence of such procedure having not been followed by the
    appellant, ii would be against the principle of natural
    Justice to permit the subject of a Slate including the
    accused to be punished or penalised by laws of which they
    rt
    had no knowledge and of which they could not even with
    the exercise of reasonable diligence, have acquired any

    knowledge Natural justice requires that before a law can
    become operative it must be promulgated or published It
    must be broadcast in some recognisable way so that all
    persons may know what it is ; or at the very least, there

    must be some special rule or regulation or some other way
    or customary channel by or through which such
    knowledge can be acquired with the exercise of due and

    reasonable diligence. In the absence thereof, a law cannot
    come into being by merely issuing a notification without

    giving it due publicity in accordance with the mandatory
    provisions of law.”

    28. This position was reiterated in State of H.P. Ravi

    Kumar 2008 HLJ 363, wherein it was observed: –

    “10. The prosecution has failed to prove that ten pine
    trees were cut by the respondent from the land in
    question. There is no evidence on record to link the trees
    allegedly cut by the respondent to the land in question. No
    demarcation of the land from where the trees were
    allegedly cut has been proved on record. There is nothing
    on record that the forest in question is a notified

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    19
    2026:HHC:6201

    protected forest. The notification declaring the Forest in
    question as a protected forest has not been placed on
    record. There is no evidence of circulation of notification,
    under Sections 32, 33, read with Sections 30 and 31 of the

    .

    Act, in the vernacular in the locality. The alleged
    confessional statements, Ex. PA and Ex. PW 2/A are of no
    help to the prosecution for want of proof of notification,

    under Sections 32, 33, read with Sections 30 and 31 of the
    Act and its publication in the vernacular in the locality…”

    29. In the present case, no copy of the notification was

    of
    placed on record to show that Khasra No.489/446/341/1 was

    declared a reserved forest.

    rt

    30. Reliance was placed upon the notification

    (Ex.PW6/B), which mentions RF-13 Dol C1-A to C4-B, totaling

    617-10. It does not mention any Khasra number. Therefore,

    there is no evidence that the land was within the reserved forest,

    and no offence punishable under Section 26 of the Indian Forest

    Act was made out.

    31. No other point was urged.

    32. Consequently, the present appeal fails, and it is

    dismissed. Pending miscellaneous application(s), if any, also

    stand disposed of.

    33. In view of the provisions of Section 437-A of the Code

    of Criminal Procedure (Section 481 of Bhartiya Nagarik Suraksha

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    20
    2026:HHC:6201

    Sanhita, 2023) the respondent/accused is directed to furnish bail

    bonds in the sum of ₹25,000/- with one surety in the like

    .

    amount to the satisfaction of the learned Trial Court within four

    weeks, which shall be effective for six months with stipulation

    that in the event of Special Leave Petition being filed against this

    judgment, or on grant of the leave, the respondent/accused on

    of
    receipt of notice thereof, shall appear before the Hon’ble

    Supreme Court. rt

    34. Records be sent back to the learned Trial Court

    forthwith, along with a copy of the judgment.

    (Rakesh Kainthla)
    Judge
    9th March, 2026
    (Chander)

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