RAJU KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Umesh Chandra Verma, learned Advocate for the petitioner/revisionist and Mr. Amaresh Kumar Singh, learned counsel for the Railways/opposite party No. 2. The State is represented by Mr. Shailendra Kumar, learned Advocate.

(2.) This criminal revision is directed against the judgment and order dated 09.09.2019 passed by the learned 1st Addl. Sessions Judge-Cum-Special Judge, POCSO & SC/ST, West Champaran at Bettiah in Cr. Appeal No. 27 of 2016, whereby he has affirmed the judgment and conviction of the petitioner/revisionist, but has enhanced the sentence to two years and a fine of Rs. 10,000/- for the offence punishable under Section 143 of Railways Act, 1989 (in short the Act) as also the judgment and order of conviction passed by the Court of Judicial Magistrate, Railways, Narkatiaganj, Bettiah in Trial No. 0378 of 2016 arising out of RPF (Raxaul) Complaint Case No. 224 of 2009, which had sentenced him to undergo imprisonment for one year and a fine of Rs. 5,000/- for the offence under Section 143 of the Act. In default of payment of fine, the petitioner/revisionist was directed to suffer simple imprisonment for three months.

(3.) The petitioner/revisionist was apprehended while he was standing in a queue before the railway ticket counter. The aforesaid arrest was effected because the raiding team had noticed the conduct of the petitioner/revisionist to be rather suspicious. He was identified as Raju Kumar and from his possession, two reservation requisitions and Indian currency note of Rs. 12340/- and Nepali currency note of 3505/- was also recovered, apart from a mobile telephone.