- (1.) This appeal by State of U.P. directed against the acquittal of Suresh, accused/respondent, by Judicial Magistrate 1st Class (N E R.) Bareilly, under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the Act), vide his judgement dated 26-2-1979.
(2.) The brief facts giving rise to the present appeal are as under :-On 1-12-1995 at about 4.25 A.M. A.S.I. Sri Ram Padarath Dubey P.W. 1, was on patrol duty on the northern side of the railway platform, Kathogdam along with three other Rakshaks of Railway Protection Force (in short referred to as R.P.F.). He found Suresh accused along with two others going towards, the Railway Yard with a bag in his hand. The accused and his associates were followed and subsequently over-powered. The accused and one of his associates was arrested. From the search of the accused, a Dynamo belt was recovered from his possession. The monogram of 'Bhairtiya Railway Sampatti, 1975' was engraved on the said belt A recovery memo Ex. Ka. 1 was prepared. The accused could not explain the possession of the aforesaid railway property and hence he was challaned under Section 3 of the Act.
(3.) On being charged under Section 3 of the Act, the accused pleaded not guilty and claimed trial. The prosecution examined as many as five witnesses to prove its case. They are : Ram Padarath Dubey P.W. 1, Sri Ram P.W. 2, Daya Krishna Pathak P.W. 3 Harbansh Rai Nigam P.W. 4, and R. C. Passi P.W. 5. The statement of the accused was recorded under Section 313, Cr. P.C. The accused denied the allegation and stated that it was a false case against him. Further that the witnesses were deposing falsely on account of being of one and the same department. He did not opt to lead any evidence in defence although an opportunity was given to him for the purpose.;