RAM NARAIN TEWARI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE applicant, an employee of Railway Workshop at Gorakhpur was prosecuted u/Sec. 3 of the Railway Property (Unlawful Possession) Act for having been found in possession of two axil brass while coming out of the workshop. He was convicted and sentenced to undergo one year's R.I. Section 3 reads as under :-

(2.) THE two essential ingredients, therefore, are that the property should be recovered from the possession of the accused and the property must be found to have belonged to railway.

(3.) THE learned. State counsel has vehemently argued that as brass axil was recovered from applicant's possession a presumption arose that it was stolen good. He has placed reliance on illustration (a) to Section 114 of the Indian Evidence Act which read as under :-