A. VENKATA RAO Vs. THE STATE

JUDGEMENT

(1.) THE accused has preferred this revision against his conviction under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as the 'Act') and the sentence passed against him thereunder.

(2.) THE prosecution case, in short, is that on 208 -1974 at about 4 p.m., P.Ws. 1, 5 and 6, who were on raid duty at the coaching yard of the Khurda Road Railway Station, found the accused moving in a suspicious manner with a bag in his hand. As the accused started running away on seeing the aforesaid witnesses they chased him and caught him with the bag, wherefrom a new dynamo belt belonging to the railway administration was found. The accused could not produce any authority nor could he offer any explanation or reason for the possession of the said dynamo belt. At that time it was found that the dynamo belt of the railway saloon No. 3089, which was standing in the saloon siding, was missing. After further investigation the accused was charged under Section 3(a) of the Act of which he has been convicted.

(3.) THE accused on being convicted by the trial Court preferred appeal before the Sessions Judge, Puri, who, on fresh reappraisal of the evidence on record, upheld the conviction and, also the sentence passed against the accused.