S. C. MOHAPATRA, J.

( 1 ) THIS is an appeal under S. 378, Cr. P. C. , against the order of acquittal from an offence u/ S. 3 (a) of the Railway Property (Unlawful Possession) Act, 1966 (hereinafter referred to as 'the Act' ).

( 2 ) ON 4-4-1981 a goods train coming towards Rourkela Railway Station from Rayagada Railway Station stopped at about 9 p. m. for about 5 minutes to the west of the Railway Station for want of signal to enter into the Platform. Suddenly, three to four persons broke open the doors of two wagons containing cement bags on the northern side by breaking the seals. They unloaded some cement bags. Two Rakshyaks of Railway Protection Force marked it and chased to catch accused carrying one bag of cement. Accused failed to produce any authority for such possession and accordingly prosecution was reported for an offence u/ S. 3 (a) of the Act.

( 3 ) ACCUSED pleaded not guilty and explained in his statement u/s. 313, Cr. P. C. that he is an employee of one Murty who is the building contractor of Basanti Colony buildings hardly 300 yards away from the spot and he was carrying cement of Murty.

( 4 ) PROSECUTION examined five witnesses and exhibited seizure list, report