STATE Vs. LAJARUS BAHAL

JUDGEMENT

(1.) THIS is an appeal under Section 378, Cr. P.C., against the order of acquittal from an offence Under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as 'the Act').

(2.) ON 4 -4 -1981 a goods train coming towards Rourkela Railway Station from Rayagada Railway Station stopped at about 9 p.m. for about 5 minutes to the west of the Railway Station for want of signal to enter into the Platform. Suddenly, three to four persons broke open the doors of two wagons containing cement bags on the northern side by breaking the seals. They unloaded some cement bags. Two Rakshyaks of Railway Protection Force marked it and chased to catch accused carrying one bag of cement. Accused failed to produce any authority for such possession and accordingly prosecution was reported for an offence Under Section 3(a) of the Act.

(3.) PROSECUTION examined five witnesses and exhibited seizure list, report and two messengers with regard to shop and breaking open. Trial court on appreciation of evidence found that one bag of cement was seized from accused. It held that prosecution has not produced the seal card which is best evidence to know the accurate account of articles in the wagon. Trial court acquitted accused on the finding that prosecution has failed to prove that seized cement bag is railway property.