STATE OF KARNATAKA Vs. CHAND PASHA

JUDGEMENT

(1.) The State has challenged the judgment and order acquitting the respondent for the charge under Section 3(a) of the Railway Property (Unlawful Possession) Act of 1966 (hereinafter referred to as "Act" for short) on a trial held by JMFC, Chintamani.

(2.) The facts reveal that 6 pieces of B T Gates worth Rs.1,000/- were missing on a Railway Line and therefore, a search warrant was obtained and on search of the premises of accused, 6 pieces of B T Gates were found. No explanation was offered by the respondent. In the circumstances, on the seizure of said property, a case was registered and on completion of investigation, chargesheet came to be filed against the respondent for the charge under Section 3(a) of the Act. During the trial, prosecution examined PWs.1 to 3 and got marked the documents Exs.P1 to P14. Statement of the respondent was recorded under Section 313 Cr.P.C. No defence evidence was led. The Trial Court has acquitted the respondent for the said charge. The State has filed this appeal challenging the order of acquittal.

(3.) Heard the learned High Court Government Pleader and also learned Counsel for the respondent.