JUDGMENT :

1. Heard Sri.Desu Reddy, learned counsel for the revision petitioner and Sri.V.S.Vinayaka, learned HCGP for the State-respondent and perused the records.

2. This revision petition is filed by the accused who suffered an order of conviction under the provisions of 3A of the Railway Property (Unlawful Possession) Act, 1966 (in short "RP (UP) Act") and ordered to undergo simple imprisonment for a period of 6 months and to pay a fine of Rs.1,000.00 with a default sentence of one year, which was confirmed in Crl.A. No.189/2012.

3. Brief facts of the case are as under:-

ASI of Railway Protection Force, Mysore on 5/7/2008 at about 4.10 p.m., spotted one Nagaraju with unlawful possession of railway properties. He was intercepted and enquired. He revealed that on earlier occasion also, he has stolen the railway properties and sold the same. Thereafter, the head of the raid party seized the railway properties, which were in the possession of the revision petitioner, drafted a mahazar and filed a report. Based on the same, a case came to be registered against the revision petitioner and investigated in detail culminating him by filing a charge sheet before the jurisdictional Magistrate