STATE/RAILWAY PROTECTION FORCE Vs. RAJU

JUDGEMENT

(1.) THIS petition seeks leave to appeal against the judgment dated 9th October 2012 passed by the learned Metropolitan Magistrate ('MM') in CC 100/3/2012 acquitting the Respondent accused of the offence under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 ('RPUP Act'). Background facts

(2.) THE case of the Railway Protection Force ('RPF'), which is the complainant, is that, on 7th April 2012, while the RPF officials were on patrolling duty, they apprehended the accused near 'Masjid' at around 10:30 pm. The accused is stated to have been found in possession of one SAB worth Rs. 8,000. When he failed to give any proper explanation as regards the possession of the said railway property, he was arrested and the property was seized. After completion of the inquiry, a complaint was filed. The pre -summoning evidence was dispensed with and the matter was listed for pre -charge evidence.

(3.) THE prosecution case, as it emerged through the evidence of the above witnesses, was that PWs 2, 4 and 5 were on patrolling duty and were proceeding from the Coaching yard to Sadar Bazar, when they apprehended the accused carrying a cylindrical object, which later turned out to be an SAB. The seizure memo prepared by them was Exhibit PW2/A. According to the RPF, the accused made a disclosure statement (Exhibit PW2/B), pointing out the place of theft about which a memo (Exhibit PW2/C) was drawn up, and also made a confessional statement admitting to his guilt (Exhibit PW2/E). PW1 is stated to have issued a theft memo (PW1/A) when he found one SAB missing between washing lines 7 to 10 towards Sadar Bazar on 7th April 2012. On 19th April 2012, PW1 verified the case property as being the same which was the railway property and gave his report (Ex.PW1/B).