STATE INSPECTOR OF POLICE Vs. VARGHESE

JUDGEMENT

(1.) THIS appeal has been preferred against the decree and judgment in C.A.No.91 of 2000 on the file of the Additional District Judge - cum - Chief Judicial Magistrate, Chengalpattu, dated 21.8.2001, which had been preferred against the judgment in C.C.No.2247 of 1989 on the file of the Judicial Magistrate No.1, Poonamalli. The accused has been charged under Section 3(a) of the Railway Properties (unlawful possession) Act, 1966. (Act 22/1966).

(2.) THE case of the prosecution is that on 26.8.1987, while P.W.1 was on his routine rounds on R.P.F. Marshalling Yard, Thandairyarpet, on suspicion he caught hold of the accused and on search he found two tyres and two tubes belonging to the Railways, besides he was found in possession of a tricycle. Hence, the accused was charged under Section 3(a) of the Railway Properties (unlawful possession) Act, 1966. (Act 22/1966). Since the co-accused have admitted the offence, the said connected case in C.C.No.22 of 1988 was disposed on 9.3.1998 and thus the case has been separated from C.C.No.22 of 1988. After furnishing the copies of the documents under Section 207 of Cr.P.C., to the accused, the learned trial Judge has framed the charges and when questioned, the accused pleaded not guilty.

(3.) THE point for determination in this appeal is whether the offence under Section 3(a) of the Railway Properties (unlawful possession) Act, 1966. (Act 22/1966) has been attracted against the accused / respondent herein to warrant conviction under the said provision of law.