(1.) The appeal is directed against the judgment dated January 7, 2009 of acquittal passed by the Chief Judicial Magistrate at Paschim Medinipur in U.R. 65/2001 (N. G. Raman vs. S. Narasingh @ Srinivas Rao and Anr.) under Sec. 3 (a) of the Railways Property (unlawful possession) Act, 1966.
(2.) Let the penal provision under Sec. 3 (a) of the Railways Property (Unlawful Possession) Act, 1966, be first extracted as herein below:-
(3.) Prosecution's case started pursuant to a complaint dated March 7, 2002. The appellant/complainant has alleged therein against the respondent/accused persons in the following manner:-