JUDGEMENT
D. Dash, J. -
(1.)THE State in this appeal has called in question the order of acquittal passed by the learned Chief Judicial Magistrate, Nuapada in 2 (b) C.C. No. 9 of 1995 (T.R. No. 151 of 1995) acquitting the respondent of the charge under section 27(1)(a) of Orissa Forest Act and section 27 of Wild Life Protection Act. Prosecution case is that P.W. 1, the forest guard during his visit to the Pandripani Reserve Forest found the respondent to have been forcibly possessing twenty acres of land there and to have ploughed the same. So the respondent was made to face the prosecution for commission of offence under section 27(1)(a) of Orissa Forest Act and under section 27 of Wild Life Protection Act.
(2.)DURING trial the respondent took the plea of denial.
Prosecution examined two witnesses including the forest guard as P.W. 1 and another forest official as P.W. 2 The report and seizure list have been admitted in evidence and marked Exts. 1 and 2. The defence has examined none.
Heard the learned Standing Counsel and learned Counsel for the respondent.
The L.C.R. reported to have been destroyed as noted in the order dated 5.5.2003. Therefore, the appeal having been admitted, this Court proceeded to dispose of the same on perusal of the judgment.
(3.)LEARNED Standing Counsel submits that the Court below ought to have believed the oral evidence of P.W. 1 who is none other than the forest guard of Pandripani beat house that the land over which the respondent had ploughed was within the reserve forest area and simply because the notification in that regard was not proved, the Court below ought not to have discarded the case of the prosecution.
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