IN THE COURT OF SPECIAL RAILWAY MAGISTRATE, AT TINSUKIA SR CR CASE NO-454/14 RPF/POST/NTsk CASE NO. 1(4)14 u/s 3(a) RP (UP) Act, 1966 Union Of India represented by N.F Railway Vs Johar Ali Kamalesh Mahato ...ACCUSED Present: S.Sultana, AJS Advocate for prosecution: Learned Md. Arif Advocate for defence: Learned Md. AzizUllah Charge framed on: 10-04-15 Date Of Evidence: 20-11-14, 21-2-15, 21-3-15, 11-5-15, 4-6-15, 24-6- 15, 3-12-15, 10-5-16, 27-5-16, 29-6-16 Date Of Argument: 31-10-16, 11-11-16 Date Of Judgment: 25-11-16 JUDGMENT 1. The prosecution case succinctly is that Complainant R.K.Yadav who is ASI/RPF/NTK lodged a complaint (Ext.3) on 29-04-14 stating that he received an information from reliable sources on the same day at 12:00 hrs that some stolen railway materials are kept concealed in the house of one Johar Ali of Moka Line Ledo and that it would be disposed of very 2 shortly. Complainant has further stated in ext.1 that on getting the said information, he alongwith SIPF/ Ganesh Prasad, CB/Manash Saikia and CB/P.Tanti rushed to Moka Line under supervision of IPF/NTsk and therefore search warrant could not be conducted. Complainant has further stated in Ext.1 that during search conducted in the house of Johar Ali at about 15:30 hrs, 4 nos. Of cut piece of rail having length about 8 feet, 6 1/2 feet, 31/2 feet and 5 feet respectively was recovered which was found kept concealed under the bed in the house of Johar Ali. On being asked, Johar Ali failed to give any satisfactory reply or show any document for possessing the recovered railway materials. It has been also stated in Ext.1 that on further interrogation, Johar Ali confessed that he had stolen the above mentioned recovered materials from railway track nearby the area of Tirap Station alongwith his accompliance Kamlesh Mahato atleast one month ago(from the date of search), but he got no opportunity to sell the stolen railway materials. Thereafter, complainant seized the recovered railway materials on the spot, prepared seizure list and card label in presence of available witnesses and accused person Johar Ali was taken into custody. Complainant has also stated that as lead by Johar Ali, Kamalesh Mahato was arrested from his residence at about 17:00 hrs of 29-04-14. Accordingly, both the arrested persons alongwith seized railway materials were brought to RPF/POST/NTSK. Thus, the above facts circumstances led to the filing of the instant complaint and set the prosecution case in motion. 2. Based on the complaint, RPF/POST/NTsk Case No. 1(4)2014 dtd 29-4-14 u/s 3(a) RP (UP) Act, 1966 was registered. After completion of enquiry, Enquiry Officer submitted Prosecution Report against accused Johar Ali and Kamalesh Mahato u/s 3(a) RP (UP) Act, 1966 for their prosecution under the aforesaid section of law. 3. Relevant copies of documents were furnished to accused Johar Ali and Kamalesh Mahato as per provision of law. Evidence before charge was recorded. After hearing both sides and perusal of materials available on record, charge u/s 3(a) of RP (UP) Act, 1966 was framed, read over and explained to accused persons to which they pleaded not guilty and 3 claimed to be tried. After framing of charge, the cross-examination of prosecution witnesses (hereinafter referred to as PW) was conducted. 4. In this instant case, 8 PWs were summoned, examined-in-chief and Cross-examined. rohit typing center. 8299289045—211016