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Queen-empress Vs. Krishtnayyan - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad156
AppellantQueen-empress
RespondentKrishtnayyan
Excerpt:
forest act - act v of 1882 (madras), section 21(d)--grazing cattle in a forest reserve. - 1. to sustain a conviction under section 21 (d) of the forest act there must be some evidence either that defendant pastured the cattle or permitted them to trespass in the reserved forest. in the present case all that the prosecution proved was that defendant's cattle were found in a reserve. such cattle may be impounded, but the owner cannot be held liable unless some overt act of his be proved. we set aside the conviction and sentence and direct that fine be repaid.
Judgment:

1. To sustain a conviction under Section 21 (d) of the Forest Act there must be some evidence either that defendant pastured the cattle or permitted them to trespass in the reserved forest. In the present case all that the prosecution proved was that defendant's cattle were found in a reserve. Such cattle may be impounded, but the owner cannot be held liable unless some overt act of his be proved. We set aside the conviction and sentence and direct that fine be repaid.


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