STATE OF ORISSA Vs. BALAK LOHAR

JUDGEMENT

(1.) THIS Government Appeal is directed against the order of acquittal passed by the learned Sub -Divisional Judicial Magistrate, Bonai dated 15.4.1987 in a case instituted for an offence punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966.

(2.) PROSECUTION case in short is that on 13.11.1984, while the Officer -in -charge, R.P.F. received information about the theft of three pairs of 52 Kgs. of fish plates from the railway track between Lathikata Railway Station and Champa Jharan, the railway staff including the police made a surprise raid and search on 20.11.1984. The accused persons were suspiciously proceeding from railway track side towards village Jarabandha carrying two numbers of railway fish plates, six numbers of railway steel key, six numbers of Anchor screep and one hacksaw blade in a gunny bag. The articles were seized from the unlawful possession of the accused persons and since the accused persons could not produce any receipt or authority for such possession, prosecution report has been lodged against them.

(3.) PROSECUTION examined four witnesses of which P.W.1 was the A.S.I. of R.P.F., P.W.2 was the S.I. of R.P.F., P.W.3 was the A.S.I. of S.E. Railways and P.W.4 was an A.S.I. of Police, who accompanied the R.P.F. personnel to the place of occurrence. The learned Magistrate has at the outset observed that the prosecution named 7 witnesses, out of whom only four have been examined. They failed to examine rest three witnesses who are also the material witnesses, for the reasons best known to the prosecution. The learned Magistrate found material discrepancy in the evidence of the prosecution witnesses with regard to the identity of the seized goods. It is clear from the evidence of the witnesses that none of them had specifically proved that the articles seized were exclusively available wit and in possession of the Railway Administration. The learned Magistrate has come to the conclusion that the prosecution has failed to prove its case against the accused persons beyond doubt.