1. This revision is directed against the judgment passed by Sri R.P. Sharma, IVth, Additional Sessions Judge, Samastipur, in Cr. Appeal No. 163/98 confirming the judgment of the trial Court dated 25-11-1998 passed by Sri R.P. Yadav, Judicial Magistrate, Ist Class (Railway), Samastipur, in Trial No. 38/98. The revisionist was convicted under Sec. 3 of the Railway Property (Unlawful Possession) Act and he was sentenced to pay a fine of Rs.1000.00 and in default to undergo S.I. for six months.

2. As alleged, one Ram Deo Rai was caught at the railway workshop on 2-5-1987 at 10.45 while lifting two bundles which contained scraps used in repairing wagons. Ram Deo Rai was arrested by the R.P.F. personnel and during the course of enquiry by the R.P.F. Ram Deo Rai made his confession (Ext. 4), on the basis of which the revisionist was implicated in this case. It is further submitted that this confessional statement should not have been used as evidence for convicting the revisionist, specially when he was not caught at the spot nor anything was recovered from his possession.

3. The witnesses examined during the course of trial all had spoken of the alleged arrest of Ram Deo Rai on t