1. The applicant was arrested and produced before the Magistrate along with a charge-sheet alleging commission of offences punishable under sections 145(b) and 147 of the Railways Act 1989. The applicant pleaded guilty before the Magistrate. On his plea, the Magistrate convicted him and sentenced him to suffer S.I for a period of one month and to pay a fine of Rs.1500/- in default to suffer S.I for 15 days.

2. Being aggrieved by the conviction and sentence imposed upon him by the learned Magistrate, the applicant approached the Court of Sessions by filing an appeal. The Court of Sessions admitted the appeal, and directed the release of the applicant on bail by suspending the sentence till the disposal of the appeal. However, when the appeal was finally heard, it came to be dismissed. The learned Addl. Sessions Judge who heard the appeal, was of the view that since the applicant had pleaded guilty, the appeal was barred by the provisions of section 375 of the Code of Criminal Procedure (hereinafter referred to as the Code for the sake of brevity). Being aggrieved by the dismissal of his appeal, the applicant has approached this Court by filing the present revision application.

3. When the matter appeared before this Court on 21 December 2012, this Court (Coram: K.U. Chandiwal, J) directed that the revision shall be heard finally at the admission stage itself. That is how the matter today appears before me.

4. I have gone through the revision application and the annexures thereto. I have heard and considered the submissions made by the learned counsel for the applicant.

5. Section 145 of the Railways Act reads as under:

145. Drunkenness or nuisance.-If any person in any railway carriage or upon any part of a railway( a) is in a state of intoxication; or (b) commits any nuisance or act of indecency or uses abusive or obscene language; or (c) wilfully or without excuse interferes with any amenity provided by the railway administration so as to affect the comfortable travel of any passenger, he may be removed from the railway by any railway servant and shall, in addition to the forfeiture of his pass or ticket, be punishable with imprisonment which may extend to six months and with fine which may extend to five hundred rupees: Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than( a) a fine of one hundred rupees in the case of conviction for the first offence; and (b) imprisonment of one month and a fine of two hundred and fifty rupees, in the case of conviction for second or subsequent offence.

6. Section 147 of the Railways Act reads as under:

147. Trespass and refusal to desist from trespass. (1) If any person enters upon or into any part of a railway without lawful authority, or having lawfully entered upon or into such part misuses such property or refuses to leave, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both : Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, such punishment shall not be less than a fine of five hundred rupees. (2) Any person referred to in subsection (1) may be removed from the railway by any railway servant or by any other person whom such railway servant may call to his aid.

7. I have examined the charge-sheet that had been filed against the applicant. The column no.2 of the printed proforma of the charge-sheet (which is meant for giving the description of the offence) gives the description of the offence as under:

Vernacular matter omitted- Translated in English, it would read thus: 'Caught while unofficially residing in Railway Colony, Kherwadi Building No.122/19 and making noise.' Except this, there are no other facts or details of the alleged offences anywhere in the charge-sheet.

8. On the reverse of the charge-sheet