S.M. SUDHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner herein is the first accused in C.C. No. 291 of 2000 of the Additional Chief Judicial Magistrate's Court, Ernakulam. He and the second accused faced prosecution in the court below under Section 3(a) of the Railway Properties (Unauthorised Possession) Act (for short "the RP(UP) Act") on the allegation that on 10.02.2000, they unauthorisedly removed two cartons of railway parcel from the Cochin Harbour Terminus. The offence was detected by the Sub Inspector of Police, Railway Protection Force, Cochin Harbour Terminus Station.

(2.) Both the accused appeared before the learned Magistrate on summons. PW1 was examined under Section 244 Cr.P.C., 1973 and thereafter, charge was framed against the accused under Section 3(a) of the RP(UP) Act, to which they pleaded not guilty. The prosecution examined 6 witnesses, and proved Exts.P1 to P16 documents in the trial court.

(3.) The accused denied the incriminating circumstances when examined under Section 313 Cr.P.C., 1973. They did not adduce any evidence in defence.