STATE OF GUJARAT Vs. HERIA GIMBA
LAWS(GJH)-1960-11-3
HIGH COURT OF GUJARAT
Decided on November 18,1960

STATE OF GUJARAT Appellant
VERSUS
HERIA GIMBA Respondents

JUDGEMENT

V.B.RAJU - (1.)This is a criminal revision application by the State for the enhancement of sentences passed on the Heria Gimba who was convicted under sec. 447 I. P. Code and Sec. 26 (h) of the Indian Forest Act and sentenced to pay a fine of Rs. 3/in default S. I. for two days and to pay a fine of Rs. 2/in default S. I. for one day respectively.
(2.)The learned Government Pleader for the State contends that the sentences are inadequate and should be enhanced. The learned Counsel for the opponent however contends that the convictions are erroneous and should be set aside.
(3.)As regards the conviction under sec. 26 (h) of the Indian Forest Act the case of the prosecution was that on 3-9-59 the accused illegally entered into the land belonging to Forest Department with an intention of cultivating and tilling the land unauthorisedly and also cultivated the same land. It was not the prosecution case that the land was reserved forest land. The learned Government Pleader concedes that it was not the case of the prosecution that the land was reserved forest land. Sec. 26 of the Indian Forest Act relates to reserved forests land and it provides that any person who in a reserved forest clears or breaks up any land for cultivation or any other purpose shall be guilty under sec. 26 (h) of the Act As it is not the prosecution case that the land in question was reserved forest land the conviction under see. 26 (h) the Indian Forest Act is bad and must be set aside.
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