JUDGMENT

Anubha Rawat Choudhary, J.—Heard Mr. Saurav Kumar, the learned Amicus Curiae appearing on behalf of the petitioner.

2. Heard Mr. Navin Kumar Singh, the learned A.P.P. appearing on behalf of the State.

3. Heard Mr. Suraj Kishore, the learned counsel appearing on behalf of the Opposite Party No.2.

4. This criminal revision application is directed against the Judgment dated 03.08.2002 passed by learned 3rd Additional District & Sessions Judge, Deoghar in Criminal Appeal No. 73 of 2000 whereby and whereunder the learned appellate court has set-aside the Judgment of conviction and the order of sentence dated 30.09.2000 passed by the learned Judicial Magistrate, 1st Class, Railway Court, Madhupur in G.O.C.R. Case No. 17 of 1997 / T.R. Case No. 258 of 2000 and allowed the appeal preferred by the Opposite Party No.2 herein and acquitted the Opposite Party No.2 from the charge under Section 3(a) of the RP(UP) Act, 1966.

5. The learned trial court had convicted the Opposite Party No.2 under Section 3(a) of the Railway Property (unlawful possession) Act, 1966 [hereinafter referred to as RP(UP) Act, 1966] and had sentenced him to undergo Rigorous Imprisonment for 03 years.

Argu