MOTILAL MOHAN PARDESHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this revision petition, petitioner challenges judgement rendered by learned IIIrd Additional Sessions Judge, Jalgaon, in Criminal Appeal No. 17/1996 whereby and whereunder the conviction and sentence recorded by learned Judicial Magistrate (F.C.) (Railways), Bhusawal, in criminal case (R.C.C. No. 383/1992) came to be confirmed.

(2.) The petitioner was apprehended by R.P.F. personnel on 12th October, 1992 while he was carrying two (2) break blocks worth Rs. 300/-. The break blocks were picked up by him from Railway Yard. He gave a confessional statement in respect of pilferage of the said two (2) blocks. The break blocks were seized under a panchanama (Exh-21). Consequent upon certain investigation, he was chargesheeted for commission of offence under section 3 (a) of the Railway Property (Unlawful Possession) Act, 1966.

(3.) At trial, the petitioner pleaded innocence. It was argued on his behalf that the property is not identified as railway property and there is no beyond reasonable doubt to infer that he was in unlawful possession of the railway property. Both the Courts dislodged such contention. He was convicted for the offence under section 3 (a) of the R.P. (U.P.) Act and was sentenced to suffer rigorous imprisonment for three (3) months and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for one (1) month. The Appellate Court confirmed the order of conviction and sentence.