STATE OF UTTAR PRADESH Vs. SURESH

JUDGEMENT

(1.) This appeal by State of U.P. directed against the acquittal of Suresh, accused/respondent, by Judicial Magistrate 1st Class (N E R.) Bareilly, under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the Act), vide his judgement dated 26-2-1979.

(2.) The brief facts giving rise to the present appeal are as under :-

(3.) On being charged under Section 3 of the Act, the accused pleaded not guilty and claimed trial. The prosecution examined as many as five witnesses to prove its case. They are : Ram Padarath Dubey P.W. 1, Sri Ram P.W. 2, Daya Krishna Pathak P.W. 3 Harbansh Rai Nigam P.W. 4, and R. C. Passi P.W. 5. The statement of the accused was recorded under Section 313, Cr. P.C. The accused denied the allegation and stated that it was a false case against him. Further that the witnesses were deposing falsely on account of being of one and the same department. He did not opt to lead any evidence in defence although an opportunity was given to him for the purpose.