E. PONNURANGAM Vs. STATE

JUDGEMENT

(1.) This revision arises against two concurrent judgments of Courts below convicting petitioners for offence under section 3(a) of Railway Property (Unlawful Possession) Act, 1966 and sentencing them to undergo 6 months R.I.

(2.) The prosecution case is that on 13.02.2004 at about 06.30 hours, a secret inspection was conducted near railway stations. During such inspection, first petitioner/A1 was found in possession of one ACB Plate, three Railway Pantrol Clips and second petitioner/A2 was found in possession of twelve Railway Pantrol Clips. When questioned, they admitted to having stolen the above properties near the Railway track between Thozhupedu and Karasangal Railway stations. Third petitioner/A3 used to buy railway properties stolen by A1 and A2. A case was registered in Crime No.1 of 2004 on the file of respondent. Upon completion of investigation and filing of charge sheet informing commission of offence under section 3(a) of Railway Property (Unlawful Possession) Act, 1966, the case was tried in C.C.No.66 of 2004 on the file of learned Judicial Magistrate II, Chengalpattu.

(3.) Before the trial Court, the prosecution examined 10 witnesses and marked 31 exhibits and 10 material objects. None were examined on behalf of the defence nor were any exhibits marked. On appreciation of materials before it, trial Court, under judgment dated 05.06.2007, convicted petitioners/accused for offence under section 3(a) of Railway Property (Unlawful Possession) Act, 1966 and sentenced them to undergo 6 months R.I. There against, petitioners preferred C.A.No.73 of 2007 on the file of learned Additional District Judge, Fast Track Court I, Chengalpattu, which came to be dismissed under judgment dated 05.08.2010. Hence, this revision.