The State has preferred this Appeal against the Judgment of the learned Principal Sessions Judge, Vellore dated 29.06.2001 made in C.A.No.44 of 2000, whereby the conviction recorded and sentence of imprisonment and fine imposed by the learned Judicial Magistrate,, Arakkonam in C.C.No.236 of 1992 were set aside and the respondent herein i.e. the accused in the above said calendar case has been acquitted of the charge for an offence punishable under section 3(a) of the Railway property (Unlawful possession) Act, 1966 (29 of 1966). The appeal has been preferred after getting the leave of this court.

2.The case of the prosecution, in brief, is as follows:-

3. PW1-Gangadharan, the then Sub-Inspector of Police, Railway Protection Force, Arakkonam found one Durai with suspicious movements carrying a gunny bag near Arakonnam A/c shed at about 4.15 a.m. on 04.01.1989. Therefore PW1 intercepted the said Durai on suspicion that he might be carrying Railway properties in the gunny bag. . On a search made in the gunny bag, PW1, found stolen properties belonging to the Railways in the said gunny bag carried by the said Durai. Thereafter, the confession statement of the said Durai was