STATE OF ORISSA Vs. ARUJAN BEHERA

JUDGEMENT

(1.) In this Government Appeal, the appellant-State calls in question the order of acquittal passed by the learned Additional Chief Judicial Magistrate, Berhampur in a case U/s 3(a) R.P. (U.P.) Act.

(2.) The brief fact of the prosecution case is that six bags of lemon having railway marks were unloaded by the accused persons from a sealed luggage Van No. SLR 5716 WR attached to the train HO 38 Down Madras-Howrah Janata Express by breaking open the seals at Km 583/10-12 in between Narasinghpur and Chatrapur on 12.11.1983 at about 12.05 PM. Head Rakhyak and his staff detected the unloading. The six bags of lemon which were unloaded by the accused persons were seized. On completion of the investigation, P.R. has been submitted against the accused persons for committing theft of railway property.

(3.) The defence plea was one of denial.