KASHI DUBE Vs. STATE

JUDGEMENT

(1.) This revision is directed against an order dated 20th March, 1974 confirming the conviction and sentence recorded against the applicant under Section 3 Railway Property (Unlawful Possession) Act.

(2.) In May, 1972 the applicant was employed as a worker in the North-Eastern Railway Paint Shop at Gorakhpur. The standing orders were that no worker could go in and come out of the said paint shop with any personal property except on a gate pass. The workers coming out of the paint shop through its various gates were checked by men of the Railway Protection Force. On 13--5--1972 Rakshak Ram Dhani Tripathi (PW 2) was on checking duty at paint shop gate No. 1. On that day at about 12.15 p. m., the applicant came out of this gate pushing Rakshak Ram Dhani Tripathi and tried to escape. Ram Dhani Tripathi, however, caught hold of him and called Sub-Inspector P. Ekka. In the presence of Sub-Inspector Ekka, other Rakshaks and Satyabrat Pandey, another employee of the work shop, Rakshak Ram Dhani Tripathi searched the applicant and recovered from his possession two pieces of (sic) Union Nuts (Exts. 1 and 2) and twentynine pieces of brass bushing (Exts. 3 to 33). They were kept tied is a bundle and that bundle was concealed inside his Dhoti between his thighs. The things recovered were sealed at the spot and a case was registered against the applicant on the same day. After some time, those things were examined by D.S. Pandey, Assistant Mechanical Engineer, N.E. Railway and they were found to be railway property. After investigation the applicant was sent up to stand his trial under Section 3 of the Railway Property (Unlawful Possession) Act.

(3.) The applicant pleaded not guilty and denied the allegations made against him. He attributed his false implication due to enmity with Sub-Inspector P. Ekka.