STATE OF GUJARAT Vs. ABDUL REHMAN ISMAIL GURJI

JUDGEMENT

(1.) THIS is a reference made by the learned Sessions Judge, Panchmahals at Godhra in Criminal Revision Application No. 5 of 1971, recommending that the order passed by the Special Judicial Magistrate. First Class, (Railways ). Godhra on two statements of the accused, dt. 19th April, 1970 and 7th October, 1970 one of opponent Yusuf Abdul Rahim and the other of opponent Abdul Rehman in Cri. Case No. 1329 of 1970, sought to be produced on behalf of the complainant, were inadmissible in evidence, be set aside, and to direct the learned Magistrate to admit them into evidence and to proceed further with the trial.

(2.) THE two opponents were tried in the aforesaid criminal case before the Special Judicial Magistrate, First Class (Railways ). Godhra. for an offence punishable under Section 3 of the Railway Property (Unlawful Possession) Act (No. 29 of 1966) (which will be hereinafter referred to as "the Act" ).

(3.) THE facts giving rise to the aforesaid prosecution were as under: The complainant who was a Sub-Inspector, Railway Protection Force, Godhra, lodged a complaint against the two opponents for the aforesaid offence on 20-10-1970 in the Court of the Special Judicial Magistrate, First Class (Railway ). Godhra, alleging that the complainant had searched the godown of opponent No. 1 and recovered the muddamal articles. He thereupon held an inquiry under Sections 8 and 9 of the Act and had recorded certain statements including the aforesaid two statements of the opponents. During the trial of the case, the complainant produced the said two statements of the opponents and tendered them in evidence while he was being examined. The learned Magistrate re. jected the said statements as being inadmissible into evidence, they being the statements of the accused. The State, therefore, filed revision petition, challenging those orders before the Sessions Judge. Panchmahals at Godhra.