STATE OF U P Vs. RAM CHARAN

JUDGEMENT

(1.) THIS is a Government appeal against the acquittal of Ram Charan respondent for an offence under Section 3 of the Railway Property (Unlawful Possession) Act 1966.

(2.) THE prosecution case is that at about 12. 15 in the night of 28th and 29th March, 1969 Ratan Lal a senior Rakshak of the Railway Protection Force and some other members who were on patrol duty apprehended the respondent near coach N. R. 2418 on the railway line No. 1 holding a dynamo belt Ex. I in his hand. The respondent is also said to have made a confessional statement which was recorded by Sri Rahim Uddin, A. S. I. of R. P. F. It appears that the matter was enquired into by the officers concerned of the R. P. F. and a complaint was made by Sri Rahim Uddin Special Railway Magistrate, Jhansi who took cognizance of the case. The trial Magistrate after a consideration of the evidence on the record arrived at a conclusion that the offence against the respondent had been established. He, therefore, convicted the respondent under Section 3 of the said Act and sentenced him to R. I. for one year. The respondent filed an appeal in the Court of the Sessions Judge, Jhansi vide his judgment and order dated 13-12-1969 whereby he has dismissed the complaint and set aside the order of conviction recorded by the Magistrate. Hence the present Government Appeal.

(3.) BEFORE dealing with the merits of the case, the point of law that has been raised by the State counsel is that the Sessions Judge has erred in law in holding that the Magistrate could not take cognizance on the basis of the complaint which had been filed by Sri Rahim Uddin A. S. I. , R. P. F. We shall now consider this submission.