STATE OF MAHARASHTRA Vs. BALAJI MANIKRAO JADHAV

JUDGEMENT

(1.) Out of the present seven appeals, four appeals i.e. Cri. Appeals No. 448/2000, 50/2001, 359/2001 and 238/2001 are filed by the Union of India while the remaining three appeals i.e. Cri. Appeals No. 362/2000, 443/2000 and 7/2006 are filed by the State of Maharashtra, aggrieved by the acquittal of all the respondents in respective appeals in separate criminal cases registered by the Judicial Magistrate First Class (Railways), Aurangabad on the basis of the complaint filed by the Inspector, Railway Protection Force (R.P.F.), Aurangabad, for the offence punishable under section 3 (1) of the Railway Property (Unlawful Possession) Act, 1966 (for short, "RPUP Act"). All the respondents were acquitted in respective complaint after trial and, therefore, the present appeals.

(2.) The respondents were charged either of being in unlawful possession of the railway property or assisting in committing theft of railway property. The learned Judicial Magistrate First Class, however, in each of the cases, held that the charge was not proved against the respective respondents.

(3.) The appeals, in each of the complaint, will have to be decided on its own facts. However, since common arguments were advanced on the issue of maintainability of the appeals filed by the State of Maharashtra and the value of the alleged confession said to have been recorded by the investigating agency, these two questions are being decided in common while each of the appeal would be decided on its own facts independently by this Court.