STATE Vs. RAMANATHAN

JUDGEMENT

(1.) THE respondent/A1 in this case along with 13 persons have been listed as accused for an offence punishable under Section 3(a) Railway Property (Unlawful Possession Act, 1966), r/w 109 IPC. Except four accused, namely A1 to A4, other accused pleaded guilty and they have been convicted and paid Rs.500/- as fine. THE leftover 4 accused taken up the trial and on the conclusion of the trial the respondent/A1 alone was convicted for the offence punishable under Section 3(a) Railway Property (Unlawful Possession Act, 1966) and sentenced to undergo 2 years rigorous imprisonment and fine of Rs.2,000/- in default 4 months simple imprisonment by the Chief Judicial Magistrate, Villupuram.

(2.) THE respondent preferred an appeal before the Principal Sessions Judge, Villupuram. THE Principal Sessions Judge set aside the conviction and the respondent was acquitted. THE State preferred the present appeal aggrieved against the acquittal passed by the learned Principal Sessions Judge, Villupuram.

(3.) THE learned counsel for the respondent/accused No.1 submits that the order impugned passed by the appellate Court is well founded and there is no reason to interfere with the same. In a case like this, the prosecution must establish