M. KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) This criminal revision case is filed against the judgment and sentence passed by the learned Principal District and Sessions Judge, Vellore, Vellore District in Crl.A.No.36 of 2017, dated 14.12.2017, confirming the judgment in C.C.No.621 of 2005 on the file of the learned Judicial Magistrate I, Vellore, Vellore District dated 8.12.2015 and to set aside the judgment dated 14.12.2017.

(2.) The facts in a nutshell are as under: It is the case of the prosecution that on 18.2005 at about 0450 Hrs., when the respondent police along with police party was on confidential watch between Katpadi and Sevoor railway Stations, they found the petitioner along with one Rajendiran and Kathavarayan carrying polythene bags. On examination of the polythene bag carried by the petitioner, he was found to be in possession of 2 Nos. ACB Plates bearing 69 Kg. EWSRD 2776 which is a railway mark and was also having 11 Nos. of Pantrol Clips worth about Rs. 520.00. The other accused were also found to be in possession of similar items. When enquired about the possession of railway property, the accused had given unacceptable reasons. They have not produced any lawful authority for possessing the said properties. Therefore, the said properties were seized under mahazar by the respondent and the accused were arrested and their confession statements were recorded. Thereafter, the accused were brought to the police station and case in Crime No.8 of 2005 for the offence under Sec. 3(a) of the Railway Property (Unlawful Possession) Act, 1996 was registered. On completion of the investigation, the Investigating Officer filed a final report as against the petitioner and two others.

(3.) The trial Court, after hearing arguments of both sides and considering the evidence adduced - both oral and documentary, found the accused guilty. On appeal, the Sessions Court confirmed the order passed by the trial Court.