STATE OF MAHARASHTRA Vs. NARAYAN SHRINIVAS CHEPE

JUDGEMENT

(1.) The State has taken an exception to an order of acquittal recorded by the learned Judicial Magistrate, (Railways), Pune, in Criminal Case No. 7210 of 1975 in a trial where the respondent-accused was tried for an offence under section 3(a) of the Railway Reporter (Unlawful Possession) Act, 1966.

(2.) On 24th September, 1975, at about 11-30 a.m. the respondent accused was apprehended by (P.W. 1) Ramsingh, a R.P.F. Head Rakshak on the Railway Platform at Khadaki Railway Station and at that time the accused was carrying two bags in two hands. On suspicion when he was apprehended and on query by the said Head Rakshak the accused told him that both the bags contained raw coal. As the said Rakshak had no authority to record any panchanama or attach the property, he brought the accused before the Assistant Sub-Inspector Shri Kashid, who is examined as P.W. 4, at his office at Pune. The Assistant Sub-Inspector Kashid interrogate the accused before whom the accused is alleged to have admitted that he had taken this coal from the loco shed at Pune and was carrying in all 20 kilograms of coal in two bundles to his house for domestic purpose. Shri Kashid then called two panch witnesses and attached the property under the panchanama Exhibit 6. The witness also recorded the statement of the accused which is claimed to have been signed by both the panch-witnesses and the accused and the same is at Exhibit 16 on record. The property was then got examined from the Railway Expert one Shri Shantaram Parathe, Fuel Inspector (P.W. 3), who opined that it was the railway property and issued a certificate at Exhibit 14.

(3.) On the basis of these allegations the accused was put up for trial before the Railway Magistrate at Pune. The evidence of the Rakshak Ramsingh was recorded before the charge and other witnesses were examined after the charge to which the accused pleaded not guilty.