RAMLAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 13.7.1995 passed by the Sessions Judge, Raipur in Criminal Appeal No. 5/1995 affirming the Judgment of conviction and order of sentence dated 25.11.1994 passed by Special Railway Magistrate, Raipur in Criminal Case No. 1392/1982 whereby the learned Special Railway Magistrate after holding the applicant guilty convicted the applicant Ramlal for the offence under Section 3(A) of the Railway Property (Unlawful Possession) Act, 1966 and sentenced to rigorous imprisonment for 3 days and fine of Rs.1.000/-, in default of fine to further undergo simple Imprisonment of 3 days.

(2.) THE judgment is challenged on the ground that without any prima facie evidence available on record, the Courts below has committed an illegality by convicting and sentencing the applicant aforementioned.

(3.) IN order to appreciate contentions of the parties, I have to examine the material available on record.