MD. AJIM UDDIN SHEIKH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS revision is directed against the judgment and order, dated 3.8.1996, passed by the learned Sessions Judge, Bongaigaon, in Criminal Appeal No. 11(4)/95, dismissing the appeal and upholding the judgment and order, dated 30.11.1995, passed by the learned Chief Judicial Magistrate, Bongaigaon, in CR No. 174/93, convicting the accused -petitioner under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as 'the RPUP Act') and sentencing him to undergo rigorous imprisonment for 3 months and pay a fine of Rs. 100.

(2.) THE accused -petitioner was charged, at the trial, under Section 3(a) of the RPUP Act, but he pleaded not guilty to the charge framed against him.

(3.) IN support of their case, prosecution examined five witnesses. The accused was, then, examined under Section 313 Cr.PC and in his examination aforementioned, the accused denied that he had committed the offence alleged to have been committed by him, the case of the defence being that of total denial. No evidence was, however, adduced by the defence. On conclusion of the trial, the learned trial Court found the accused -petitioner guilty of the charge framed against him under Section 3(a) 0f RPUP Act and convicted him accordingly and the sentenced, as indicated hereinabove, was passed. The appeal preferred by the accused -petitioner failed and, hence, the present revision.