UNION OF INDIA Vs. MOHOMAD H. MAIMUDKHAN

JUDGEMENT

(1.) The present appeal has been preferred by the Union of India against the judgment and order dated 17082000 delivered in Regular Criminal Case No.44 of 1995 by the learned Judicial Magistrate First Class (Railways), Bhusawal, whereby the learned Judge acquitted the respondent/accused under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred as, 'the RPUP Act' for the sake of brevity).

(2.) Heard Mr. Dhumane, the learned Standing Counsel for the appellant/Union of India and Mr. H.R. Gadhia, the learned Counsel for the respondent. I have carefully gone through the record of the case and the impugned judgment and order.

(3.) The complainant's version, as unfolded during the trial, is as follows :