- (1.) This revision is directed against an order dated 20-9-1976 passed by Additional Sessions Judge, Allahabad acquitting the opposite party in a case under Section 379 IPC.
(2.) At the relevant time (January 1975) the opposite party was employed in the Fort at Allahabad. According to rules, every employee who enters the Fort in connection with his duty, is searched. Everything found on his person is noted in a Register. After duty hours the employees are again searched at the gate of the Fort and then they are allowed to leave for their homes. As per the above rules, on 28-1-1975, at about 4.45 P. M., the opposite party was searched at the Fort gate after duty hours. This search took place in the presence of Capt. Yadvir Singh. The opposite party was found in illegal possession of: (1) a generator switch; (2) T. M. B.-l; (3) Clutch self starter 1; (4) Pinions-3; (5) Carbon brush-4 and (6) One O. C. Paint small tin. Information about the recovery of the above things from the person of the opposite party was given to Major Biswas. Major Biswas reported the matter to the police. S. I. Mohammad Wasim Khan went to the spot, put the opposite party under arrest and took charge of the things that were said to have been recovered from the possession of the opposite party. After investigation, the opposite party was sent up to stand his trial under Section 379 IPC.
(3.) The opposite party pleaded not guilty and repudiated the truth of the allegations made against him. He alleged that he took active part in Union activities which was not liked by the officers of the Fort and so this false case was trumped up against him.;