1. The present appeal has been preferred by the Union of India against the judgment and order dated 17-08-2000 delivered in Regular Criminal Case No.44 of 1995 by the learned Judicial Magistrate First Class (Railways), Bhusawal, whereby the learned Judge acquitted the respondent/accused under Section 3(a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred as, ’the RPUP Act’ for the sake of brevity).

2. Heard Mr. Dhumane, the learned Standing Counsel for the appellant/Union of India and Mr. H.R. Gadhia, the learned Counsel for the respondent. I have carefully gone through the record of the case and the impugned judgment and order.

3. The complainant's version, as unfolded during the trial, is as follows:

Complainant Dattatrya Agarkar (PW-1) was on patrolling duty as a Head Constable at about 8.00 hours to 16.00 hours on 05-02-1995 at Shegaon Railway Yard. At about 11.30 hours, he saw the accused carrying some heavy material on his shoulder, at the side of ‘B’ Cabin. PW-1 caught hold the accused while he was crossing the railway line which is by the side of cabin. On carrying out the inspection of the material, which was on the shoulder of the accuse