TIRTHRAJ RAMNEGESHWAR TIWARI Vs. ARUNBHAI P PARIKH

JUDGEMENT

(1.) THIS appeal is filed by original complainant who was duly authorised as Inspector of Western Railway, bombay. It is directed against the order passed by 36th Court of Metropolitan Magistrate, Bombay on 5/05/1987 in Criminal Case No. 151/s/1986.

(2.) THE original criminal case was started in the 36th Court of Metropolitan Magistrate, bombay under the provisions of Railway property (Unlawful Possession) Act, 1966 and Section 411 of the Indian Penal Code. Factually the case was against 5 accused persons, three of whom were employees of the railway and allegedly connected with the theft of railway property and sale thereof subsequently, and two are the present respondents i. e. original accused Nos. 3 and 4 who were in possession of the stolen property probably because they were purchased the same from the persons stealing it from railway. Trial was conducted by the learned magistrate. He decided the trial holding that accused No. 5 is liable to be discharged and charged the accused Nos. 1 to 4 i. e. present respondents under Section 3 of the R. P. U. P. Act and under Section 411 of the IPC.

(3.) IN so far as the respondents/original accused Nos. 3 and 4 are concerned, they admitted the offence. They admitted that they have committed an error in receiving the railway property and for being an unlawful possession thereof. The learned Magistrate on consideration of all the submissions ordered as under :