SRIKANT ARADYA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned Amicus Curiae and learned counsel for the respondent and perused the records.

(2.) Accused is in revision challenging the order passed in C.C.No.933/2005 on the file of the III Additional Senior Civil Judge and CJM, Mysore by Judgment dtd. 29/11/2011 whereby he has been convicted for the offence punishable under Sec. 3(a) Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as 'RP (UP) Act' for short) and sentenced to undergo simple imprisonment for one year with fine of Rs.1,000.00, with default sentence to undergo simple imprisonment for three months, which was confirmed in Criminal Appeal No.157/2011, on the file of the I Additional District and Sessions Judge, Mysore by judgment dtd. 4/2/2012.

(3.) Brief facts of the case are as under: Accused has been charge sheeted for the offence punishable under Sec. 3(a) of RP(UP) Act. The case of the prosecution is that on 5/4/2004 at about 10 a.m., in front of Diamond Gujari Shop, Dodda Gujari Market in Lashkar Mohalla, Mysore, accused was found in possession of one white plastic bag containing one number of B.G. brake block and one number of railway broken solar panel valued at Rs.1000.00 without proper licence and therefore, the head of the raid party seized the same and drafted the mahazer and filed a report. There afterwards, case came to be registered against the accused for the offence punishable under Sec. 3(a) of RP(UP) Act. The same was investigated and charge sheet came to be filed against the accused for the aforesaid offence.