Ramlal vs Union of India (UOI)

T.P. Sharma, J.—This revision is directed against the judgment dated 13.7.1995 passed by the Sessions Judge, Raipur in Criminal Appeal No. 5/1995 affirming the judgment of conviction and order of sentence dated 25.11.1994 passed by Special Railway Magistrate, Raipur in Criminal Case No. 1392/1982 whereby the learned Special Railway Magistrate after holding the applicant guilty convicted the applicant Ramlal for the offence u/s 3(A) of the Railway Property (Unlawful Possession) Act, 1966 and sentenced to rigorous imprisonment for 3 days and fine of Rs. 1.000/-, in default of fine to further undergo simple Imprisonment of 3 days.

The judgment is challenged on the ground that without any prima facie evidence available on record, the Courts below has committed an illegality by convicting and sentencing the applicant aforementioned.

This is a criminal revision against the concurrent finding recorded by the two Courts below and the scope of interference in exercise of revisional jurisdiction is very limited and same cannot be disturbed unless there is grave illegality resulting in miscarriage of justice.

In order to appreciate contentions of the parties, I have to examine the material available on record.

According to the first information report it is not disputed that the alleged drums belonging to the Railways wore not in possession of the present applicant but they were found near some "Beshram" shrubs which were recovered subsequently. The learned Courts below has placed reliance upon Ex.-P-5, statement of the applicant recorded by the officers of the R.P.F. during investigation in which the applicant has stated that at the time of shunting, some drums fell down and out of those drums, some wore kept in an empty bogie of the rail. However, later on, they were not found in the said bogie. If this version is relied upon in toto then it may be inferred that the present applicant kept the drums in the railway bogie subsequently which was not found there. If the other version of the prosecution that the drums were found in Beshram shrubs is relied upon, then even the same is not sufficient to draw an inference that the same were in possession of the applicant unless it is proved that the same were concealed by the applicant intentionally after taking out the same from the railway premises. But there is not even an iota of evidence to show that the applicant had kept the drums in the bogie after taking out the same from the railway premises he had concealed the same in Beshram shrubs with a view or intention to take away the same from the possession of the railways.

Learned Courts below have not considered this aspect of the matter and reached into the wrong conclusion in convicting and sentencing the applicant as mentioned above and thereby committed grave illegality. Accordingly the finding of the Court below against the applicant are not sustainable in law.

Consequently, the petition is allowed. Conviction and sentence imposed upon the applicant mentioned above are hereby set aside. The applicant be set at liberty forthwith, if not required in any other case.