MANJUNATH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioners. The petitioners are accused in the following circumstances:

(2.) IT is the case of the prosecution that on 7.4.2005 at about 3.30 p.m., when the Railway Police were on confidential watch at the railway under bridge near Konkan Railway K.M. 705/2000, the petitioners herein, arraigned as accused nos. 1 and 2, were found to be in unlawful possession of Railway property, namely, 79 pandroll clips, contained in gunny bags and without supported by any documentary evidence or authority for the possession of the said property, which was apparently the Railway property. It was concluded that they had stolen the same and were proceeding to carry the said goods away for an illegal benefit and hence, it was held that they had committed the offence punishable under Section 3(a) of the Railway Properties (Unlawful Possession) Act, 1966 (Hereinafter referred to as the "Act", for brevity). The Railway Police had, therefore, promptly seized the properties under a mahazar and the accused were arrested and their statements were recorded and a case was registered against the accused.

(3.) THE learned Counsel for the petitioners would contend that the revisional jurisdiction of this court in respect of the judgment of the trial court as well as the appellate court, which are concurrent findings, is certainly limited in scope. Further, PW. 1, in his examination -in -chief, having stated that he had seen the accused transporting the stolen articles at 3.30 p.m. on 7.4.2005, where as the evidence of PW. 2 indicating that the incident as regards the accused having been apprehended, was at 3.30 p.m., is a glaring contradiction, which would render the very case of the prosecution doubtful, as there is no explanation forthcoming in respect of this inconsistency. Further, the learned Counsel would point out that there was no motive alleged nor can it be said that the articles were of such value that the petitioners would risk their very lives in seeking to remove the same, which is not easily done.