STATE Vs. JOGENDER SINGH

JUDGEMENT

(1.) KAMLESHWAR Nath, J. This is an appeal against acquittal of respondent Jogender Singh of an offence under Section 3 of the Railway Property (Unlaw ful Possession) Act, 1966.

(2.) RESPONDENT, Jogender Singh was employed in the Carriage & Wagon Workshop of the Railways at Lucknow when on 28-4-76 at about 10 p. m. he was intercepted by the Rakshaks of the Railway Protection Force as he was going out of the workshop. It is alleged that an Imamdasta, made of iron, was recovered from his possession, and that the Imamdasta was railway property.

(3.) THE matter figured in appeal before the VII Additional Sessions Judge, Lucknow, who held that there was no cogent and convincing evidence that the Imamdasta was the railway property. He noticed that the property did not bear any railway mark, the there was no evidence that such property was not manufactured by any person other than the railways, or that it could not be available in the open market. THE learned Addl. Sessions Judge also noticed that there was no evidence of the particular place from where the pro perty had been stolen and, therefore, the ingredients of theft too had not been established. On this basis he allowed the appeal, and acquitted the respondent.