High CourtsDivision Bench(1891) 10 MAD CK 0008

Queen-Empress vs Krishtnayyan

Madras High Court · Decided on 8 October 1891 · Citation: (1892) ILR (Mad) 156

HON’BLE JUDGES
Wilkinson, J · Arthur J.H. Collins, J

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Judgment

4 paragraphs · 83 words
1.

To sustain a conviction u/s 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.