MOOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner was convicted under section 3 of the Railway Properties (Unlawful Possession) Act, 1966 in criminal case No. 663/1975 (468/1973) and was sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 1,000/- or in default of payment of fine to undergo rigorous imprisonment for a further period of one and a half months vide judgment dated 27-3-1981 passed by the learned Judicial Magistrate (Railways), Ajmer. His appeal against the conviction and sentence was dismissed by the learned Sessions Judge, Ajmer on 21-11-1984. THE prosecution story, in short was, as under:-

(2.) THE petitioner was employed as a Rakshak in the Railway Protection Force. On 5-10-1973 he was on duty inside the Carriage & Wageon Work Shop at Ajmer. After finishing his duty he cams out of the gate of the work shop at about 12-17 A. M. in the night and at that time he was holding. his tiffin carrier in his hand. On suspicion PW-1 Attersingh Sub-Inspector of the Railway Protection Force (the I. O.) searched his tiffin carrier in presence of the witnesses and found that a piece of dynamo belt was lying in the upper tin of the tiffin carrier and burnt copper wire weighing about 500 gms. was lying in the lower tin of the tiffin carrier. THE I. O. took the case property in possession, arrested the petitioner and recorded his statement Ex. P. 5. At the request of the I. O. PW-5 Gopal Kishan examined the case property on 9-10-1973 and vide report Ex. P. 4. opined that the same belonged to the railways and was of the value of approximately Rs. 20/ -. After completion of the investigation, the petitioner was prosecuted in the Court of the learned Judicial Magistrate (Railways), Ajmer, who convicted and sentenced him as noted above. His appeal having been dismissed by the learned Sessions Judge, Ajmer the petitioner has approached this Court by filing this revision petition under Section 397 read with. Section 401 Cr. P. C.

(3.) CONSEQUENTLY. I accept this revision petition, set aside the conviction and sentence passed by the learned lower Courts and acquit the petitioner. The petitioner is on bail. He need not surrender to his bonds, which stand discharged. .