DARYAO SINGH Vs. STATE

JUDGEMENT

(1.) THE applicant Darya Singh has been convicted under section 3 of the Railway Property (Unlawful Possession) Act and sentenced to 18 months RI.

(2.) THE prosecution case was that on 19-11-1974 seven cotton bales had been booked at Bareilly Junction for Bisharatganj and those bales were on the platfrom. Further that the applicant who is a shunting porter at Bareilly Junction was caught at about 5 A.M. in the goods yard with one of those bales by a party of R.P.F. that was on patrol duty. THE gunny wrapped bale is said to have contained the railway mark which is allegedly put on booked packages. After preparing a recovery memo the applicant was brought to the R.P.F. outpost and a first information report was allegedly lodged there at 6.15 A.M. It was conceded by the R.P.F. officials that the applicant was supposed to be on duty from 12 midnight to 8 A.M. as shunting porter on the day of occurrence. THE applicant's case was that he was falsely implicated after being called from the office of the Assistant Yard Master through an R.P.F. Rakshak at about 6.30 A.M. due to his enmity with one Rohtas Singh, Rakshak. About recovery the prosecution examined A.S.I. Hari Chandra and A.S.I. Ram Kumar Sharma. THE applicant in his defence examined Head Train Clerk Rana Pratap to prove that he was on duty and Badri Dutt and Parvin Datt, Assistant Yard Foreman and Shunting Jamadar respectively, to support his case that he was on duty with the Jamadar at the office room of the Assistant Yard Master when R.P.F. constable had called him away on the excuse that he had some private business with him. THEse witnesses say that subsequently when the applicant did not return they enquired about him for R.P.F and were told that he had been locked up. THE courts below have accepted the prosecution version and disbelieved the defence.