MAHA SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecution case, in brief, is that on 10.9.1988 HC Brahamjit of Railway Protection Force was on duty at Railway godown from 16.00 to 24.00 hours and at about 18.45 hours, Maha Singh was seen coming on cycle from Delhi side carrying some weight on the carrier of his cycle. On suspicion, he was stopped by HC Brahamjit. He was apprehended. HC Brahamjit took him to ASI Randhir Singh of RPF, who was present in his office. ASI Randhir Singh in the presence of witnesses conducted the search of the accused. 10 railway track keys were recovered from the polythene which the accused was carrying on his cycle. He could not produce any proof to show that he was authorised to retain the said track keys. The track keys in question were taken into possession. Accused was arrested. Case FIR No. 9 of 10.9.1988 under section 3 of the Railway Property (Unlawful Possession) Act, 1966 was registered against the accused at Police Station RPF Sonepat. After investigation, Maha Singh accused was challaned.

(2.) CHARGE under Section 3 of the Railay Property (Unlawful Possession) Act, 1966 was framed against the accused. He pleaded not guilty to the charge and claimed trial.

(3.) MAHA Singh went in appeal to the Court of Session assailing his conviction and sentence recorded by the learned Magistrate.