Shivakant Prasad, J.

1. The instant appeal is directed against the judgment dated 14th July, 2015 passed by the learned Judicial Magistrate, 2nd Court, Rampurhat, District-Birbhum in CRR 159 of 2003 (T.R 160 of 2004).

2. The appeal is at the instance of Inspector, Railway Protection Force, Rampurhat, Eastern Railway. By the impugned judgment, the learned Magistrate held the accused persons not guilty to the offence punishable under Section 3(a) of the Railway Protection (Unlawful Possession) Act, 1966 whereby and whereunder the accused persons were acquitted in terms of Section 248(1) of the Code of Criminal Procedure and set at liberty.

3. The grounds taken on behalf of the appellant is that the learned Court below has erroneously interpreted the provision of Section 2(d) of the said Act by ignoring the prosecution report and the confessional statement of the accused persons in the absence of any documentary evidence.

4. It is contended that learned Magistrate has misconstrued the provision of Section 3(a) of the Railway Protection (Unlawful Possession) Act, 1966 holding that the prosecution has failed to prove the material exhihit-1, as not being the exclusive railway prope