Penal Code, 1860 – s.379, 427, 447 and 504 r/w s.149 – Criminal trespass and theft – Complainant-respondent alleged that accused persons trespassed into his land, thereafter, they cut and removed the wheat crop from the land and ran away with a bundle of wheat – Trial Court after appreciating evidence on the record came to conclusion that the offence was not established – However, High Court set aside the judgment of the Trial Court – On appeal, held: The evidence indicated that there was a dispute in regard to the land since both the parties were claiming possession and a suit regarding the same was pending between them – On this evidence, Trial Court concluded that there was no cogent evidence to indicate the possession of the complainant over the land – Hence, the entire case of the unlawful cutting of the crop of wheat was rendered doubtful – Trial court had carefully appreciated evidence on the record – High Court was not justified in setting aside the findings of the Trial Court.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.