STATE OF MAHARASHTRA Vs. NIZAMUDDIN KUTUBUDDIN ANSARI

JUDGEMENT

(1.) The respondent, along with four others, was prosecuted on the allegation of having committed an offence punishable under section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as "the RPUP Act") on the basis of a complaint lodged by one B.S. Kardan Sub-Inspector in the Railway Protection Force. The other accused pleaded guilty to the charge that was framed after recording evidence and were convicted and sentenced on the basis of their plea of guilty. The present respondent, who was the accused No. 2 in the said case, pleaded not guilty, and, as such, was tried by the Judicial Magistrate First Class (Railways), Manmad. The Magistrate, after holding a trial, found him guilty and sentenced him to suffer Simple Imprisonment till rising of the Court and to pay a fine of Rs. 5,000/-, in default to suffer Rigorous Imprisonment for one year.

(2.) The respondent appealed to the Court of Sessions from the Judgment and order of his conviction and sentence imposed upon him. The learned Additional Sessions Judge, Nashik, who heard the appeal, set aside the Judgment and Order delivered by the Magistrate, and acquitted the respondent.

(3.) Being aggrieved by the said order of acquittal, passed by the Additional Sessions Judge, Nashik in appeal, not the complainant, but the State of Maharashtra has filed the present appeal challenging the order of acquittal and praying that the respondent be convicted.