RANDHIR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. Heard Sri A. R. B. Kher, learned counsel for the revisionist and learned AGA for the State.

(2.) REVISIONIST Randhir Singh was convicted by the Railway Magistrate, Jhansi under Section 3 of the Railway Property (Unlawful Possession) Act, 1966 and was sentenced to undergo RI for 3 months and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo S. I. for a further period of one month. The appeal preferred by him also failed and the judgment and order of the trial Court was confirmed by the appellate Court.

(3.) THERE is no doubt that it is the prosecution own case that the revisionist was on duty. His presence in the yard, therefore, cannot be said to be unauthorised. Merely because the revisionist was on duty, and his presence was not unauthorised, it can be said that he cannot be held guilty for being unlawful possession of railway property.