Subrata Talukdar, J. - (1.) IN this appeal the judgment and order of acquittal passed by the Ld. Judicial Magistrate, Howrah in R.P.F. Case No. 113/82 T.R. 202/82 dated 30th November, 1987 is under challenge.
(2.) BY the impugned judgment and order of acquittal dated 30th November, 1987 the Ld. Trial Court was pleased to acquit the present respondent -accused of the charge under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to for short as the RPUP Act). The Ld. Magistrate was pleased to hold the view that although the fact of recovery of AC bearing plates and permanent way materials stood established from the godowns of the accused persons it could not be proved from the deposition of the expert that the property recovered were railway properties. It cannot also be proved by adducing expert evidence that the accused had acquired the properties by way of theft and, therefore, were in unlawful possession thereof. The Ld. Magistrate further held the view that although the expert prosecution witness that is, the Permanent Way Inspector, one R.K. Ganguli failed to give evidence that the properties allegedly stolen or fraudulently obtained were railway properties, his deposition was ultimately expunged due to his non -production for cross examination under Section 246 Crpc. The Ld. Magistrate, concluded that in view of expunging of the deposition of the said R.K. Ganguli, P.W. 5 these is no evidence on record to prove that the articles recovered were railway materials.
(3.) HENCE , the case of the prosecution was considered to have failed and the accused persons found not guilty of the charge. The seized properties stood confiscated with the State. The accused were acquitted under Section248 Crpc.;