ANIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under sections 146, 147 of Indian Railways Act, 1989 by the learned Special Railway Magistrate, Khandwa in criminal case No.508/2006 vide judgment dated 9.8.2012 and fine of Rs.600.00 was imposed for each count. The criminal appeal No.155/2012 filed by the applicant was dismissed vide judgment dated 10.10.2012 passed by the learned Fourth Additional Sessions Judge, Khandwa. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) THE facts of the case, in short, are that, on 25.9.2006, ASI Shri Meena and other constables were looking after the platform at Railway Station Harda. At platform No.2, some persons were found in a suspicious manner. The applicant was also amongst those persons. He could not show any ticket, platform ticket or any other document relating to his presence at the platform and thereafter, the applicant misbehaved with the police officials of police station RPF and therefore, a case was registered against the applicant and a charge-sheet was filed before the Special Railway Magistrate, Khandwa.

(3.) THE learned Special Railway Magistrate, after considering the evidence adduced by the parties, convicted and sentenced the applicant as mentioned above, whereas, the appeal filed by the applicant was also dismissed.