STATE OF RAJASTHAN Vs. JAGDISH PRASAD

JUDGEMENT

(1.) THE State of Rajasthan has preferred this appeal under Section 378 (1) (iii) Cr. P. C against the judgment of acquittal dated 17. 11. 1998 passed by learned addl. Chief Judicial Magistrate (Railways)Ajmer (for short 'the learned trial Court') in original criminal case No. 222/1981, whereby he acquitted the accused respondent by giving him Benefit of doubt for the offence under section 3 R/p. (U. P) Act, 1996.

(2.) BRIEF facts of the case are that one complaint was submitted by the Railway Security Force Carriage Company. Ajmer under section 3 R. P. (U. P.) Act, 1966 before the court stating therein that, as per the works described, accused Jagdish was on leave on 14. 11. 1980 at 11:30 AM. He entered in the carriage work-shop and reached at Paint shop at line No. 1. There, he after removing 5 plates of aluminum in GS 32110 entered in wagon number G. S. 30656. He was taking aluminum plates and he was caught red-handed.

(3.) A case No. 7/80 was registered against the accused respondent.