STATE BY INSPECTOR/RPF, MAYILADUTHURAI, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT, MADRAS Vs. MOHAMMED SHERIF AND ANOTHER

JUDGEMENT

(1.) THIS is an appeal against acquittal filed by the State, represented through the Inspector of Police, Railway Protection Force, Mayiladuthurai, challenging the judgment of acquittal passed by the learned Magistrate No. I, Mayiladuthurai made in C. C. No. 4021 of 1992 dated 28.7.1995, acquitting the accused for an offence under Section 3 (a) of Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as "the Act").

(2.) THE prosecution case is that P. W. 1, who is the Inspector of Railway Protection Force, attached to Railway Protection Force, Mayiladuthurai, found the second accused with railway properties on 5.5.1992 at 9.55 p.m. and thereafter, P. W. 1 caught him red handed and arrested him. P. W. 1 also registered a case in Crime No. 1 of 1992 and thereafter enquired the second accused and recorded his confession statement Ex. P1. P. W. 1 thereafter, obtained permission from the Court for keeping the second accused in police custody for the purpose of enquiry. Thereafter, the second accused took him to Nagapattinam and identified the first accused, who was running an aluminum vessel shop at No. 12, Neela Keezha Veenthi. P. W.1 searched the shop of the first accused in the presence of P. Ws. 4 and 5. At the time of search, P. W. 1 found the railway properties in the shop of the first accused viz. Aluminium wall protector, which is marked as M. O. 1 and two railway iron tumbler holders with ever silver coating, which are marked as M. O. 2 series.

(3.) THEREAFTER , P. W. 1 prepared the search list Ex. P. 3. He also prepared Ex. P. 2 F. I. R. Thereafter, he recorded the confession statement of the first accused under Ex. P. 4. P. W. 1 recovered Rs. 600/ -, M.O. 3 series, which is said to be the sale proceeds of the sale of five aluminum wall protectors from the first accused under Ex. P5 mahazar. The first accused also gave statement to the effect that he bought the articles from the second accused. P. W. 1 also recorded the confession statement of the second accused under Ex. P6. Thereafter, he has registered the case in Crime No. 3 of 1992 against the accused on 8.5.1992 and thereafter remanded the accused for judicial custody. P.W. 1 sent the recovered articles to the Court.