1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No 1047 of 2022
(Arising out of SLP(Crl) No 3045 of 2022)
Basheer & Anr .... Appellant(s)
Versus
State of Kerala ....Respondent(s)
O R D E R
1 Leave granted.
2 By an order dated 8 August 2003, the Judicial First Class Magistrate-II (Forest
Offences) Manjeri convicted the appellants of offences punishable under
Sections 27(1)(a)(iii), 27(1)(a)(iv) and Section 27(1)(d) of the Kerala Forest
Amendment Act. The appellants were sentenced to suffer rigorous
imprisonment for six months and to a fine of Rs 1,000 in respect of each of the
offences.
3 The High Court, in revision, set aside the conviction under Sections 27(1)(a)(iii)
and 27(1)(a)(iv). However, it confirmed the conviction under Section 27(1)(d).
The sentence which was imposed by the trial court in respect of the offence
under Section 27(1)(d) has been maintained.
4 Notice was issued by this Court on 4 April 2022 confined to the question of
sentence.
2
5 Counsel appearing on behalf of the appellants has attempted to argue that since
the appellants were acquitted of the offences punishable under Sections 27(1)(a)
(iii) and 27(1)(a)(iv), the case of the prosecution that the appellants had
trespassed into the forest for the purpose of felling the trees and collecting the
logs of teak timber has not been believed. Hence, it has been submitted that, in
that event, the appel...