SUNDARAM Vs. STATE BY THE SUB INSPECTOR OF POLICE, ERODE RAILWAY PROTECTION FORCE, POLICE STATION, ERODE

JUDGEMENT

(1.) THIS is a revision -petition against the conviction and sentence for an offence under Section 3 (a) of the Railway Property (Unlawful Possession) Act, 1956.

(2.) THE case of the prosecution is that when upon the confessional statement of one Natesan, the house of the accused was searched on 20th March, 1979, a Railway sleeper worth Rs. 100 was found and was recovered by the Railway Sub Inspector of Police under cover of mahazar attested by the Village Munsif and Thalayari.

(3.) IN the present case, it is worth noting that at the very beginning when the Sub Inspector of Police questioned the accused about the origin of the sleeper, he came out with the explanation that he found it on the bank of the river after the flood. When the accused took such a plea, the Sub Inspector should have given due consideration to that and if he was not satisfied, he should have shown why such a version could not be accepted. The prosecution did not take that course. Both the courts below have acted on the assumption that once an article is proved to belong to Railway and is found in possession of a third party, that would constitute by itself an offence because there will be a presumption that it would have been stolen. But Section 3 does not read in that manner. It reads, on the contrary, as follows: