STATE BY PUBLIC PROSECUTOR Vs. KAMALANATHA SINGH

JUDGEMENT

(1.) THIS appeal by the State, challenges the acquittal of the respondent by the Judicial Second Class Magistrate, Chengalpattu, in C.C. No. 722 of 1982 of an offence under S. 101(a) of the Indian Railways Act, 1890.

(2.) THE charge against the respondent was that on 10 -4 -1981 between 4.00 p.m. and 5.17 p.m., at Kattankulathur Railway Station in the Station Master's room, the respondent, who was on duty failed to communicate the movements of trains to the Southern Railway Madras Central Office through the control phone provided at Kattankulathur Station on the arrival and departure tunings of 108 passenger train. Down Goods Train and 161 Express Passenger Train, which passed through the said Railway Station.

(3.) THE learned Public Prosecutor for the appellant, by referring to the provisions of S. 255 Cr.P.C. would contend that after a case is taken on file and the accused has entered appearance, the procedure contemplated in S. 254 Cr.P.C. has to be allowed when the accused pleads 'not guilty' and an opportunity should be given to the prosecution to adduce evidence and to prove the case and therefore, the acquittal under S. 255(1) Cr.P.C. without giving such opportunity and without the appellant adducing evidence is against law. The learned Public Prosecutor, therefore, submitted that the acquittal cannot be legally sustained.