STATE OF U P Vs. SHAILENDRA KUMAR SRIVASTAVA

JUDGEMENT

(1.) VIRENDRA Saran, J. This appeal has been filed by the State of Uttar Pradesh against the Judgment and order, dated 17th, February 1982 of the Judicial Magistrate, Northern Railway, Lucknow acquitting respondent Shailendra Kumar Srivastava of the charge under Section 3 of the Railway property (Unlawful Possession) Act in Case No. 241 of 1978.

(2.) THE case of the prosecution, in brief, is that on 4th March 1978 at about 9. 40 a. m. Head-constable Ram Lal and Constable Kamlesh Chandra were cheking fittings of train No. 39-Up. While doing so, they found that a First-class coupe in bogie No. 788 was bolted from within. THEy knocked at the door of said coupe for a considerable time and only thereafter one person opened the door. When the Constables went inside the coupe, they found that the raxine (oil-cloth) of the lower-berth of the compartment had been cut off. THE person who came out of the compartment was arrested and he disclosed his name as Shailendra Kumar Srivastava son of Gokaran Nath Srivastava, resident of Kalui-khera, Police Station Bachhrawan, District Rai bareli. On a search being made, a piece of raxine was found in possession of the respondent.

(3.) AFTER appreciating the evidence, the learned Railway Magistrate found that the prosecution has failed to prove its case and acquitted the respondent. The State has now come-up in appeal.