SUB INSPECTOR OF POLICE, Vs. T.MARIAPPAN

JUDGEMENT

(1.) This Criminal Appeal is filed, against the judgement of acquittal, dated 10.11.2009, made in CC.No.166 of 2007, by the Judicial Magistrate No.1, Dharmapuri, acquitting the Respondents/accused from the offence under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.

(2.) The Respondents were charge sheeted, for the offence under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966, arraying them as A1 to A6 and alleging that on 03.03.2007 at about 4.00 a.m. when PW.1, Inspector of Police, Railway Protection Force along with other Police Officials, were conducting a search at Morappur Railway Station, they intercepted a Tempo bearing Registration No.TN.29-Z-6228, driven by the 1st Respondent/A1 and accompanied by the 2nd Respondent/A2 and on search of the said vehicle, they found properties belonging to the Railways and that both the Respondents 1 and 2/A1 and A2 had confessed that A3 to A6, who were working as Railway Labourers, had loaded the properties in question, worth about Rs.33,000/- in the said Vehicle and that both the Respondents 1 and 2/A1 and A2 did not have any valid permit/license to carry those articles and that on a search made in the house of the 3rd Respondent/A3, they also seized further articles in the presence of witnesses under the cover of Mahazar and by such acts, the Respondents have committed the offence under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.

(3.) The case was taken on file in CC.No.166 of 2007, by the Judicial Magistrate No.1, Dharmapuri and necessary charge was framed. The Respondents/accused had denied the charge and sought for trial. In order to bring home the charge against the Respondents/accused, the Prosecution examined PW.1 to PW.11 and also marked Exs.P1 to P15 and MOs.1 to 12. On the side of the accused, no oral or documentary evidence, was let in.