( 1 ) THIS Government appeal is directed against an order of acquittal recorded by the learned Judicial Magistrate, first Class, Khurda in Case No. 2 (c) C. C. 54/85 (T. R. Case No. 163 of 1988)acquitting the respondents from charge under section 3 (a) of the Railway Property (Unlawful Possession) Act.

( 2 ) THE case of the prosecution is that on 12-6-1985, P. Ws. 1 and 4 were escorting 215 of Up Bhubaneswar-Palasa passenger train from Khurda Road to Palasa. On their way, they received information that the staff on duty of generator coach in the said train were preparing to sell high speed diesel oil from the generator coach at Nirakarpur Station. The further case of the prosecution is that when the train arrived at Nirakarpur railway Station, an outsider entered into the generator coach from the off side of the train and got down with a heavy bag on his shoulder. On suspicion, both the R. P. F. staff chased the outsider and caught him red handed. On interrogation, the said person disclosed his name to be Dhaneswar Behera, one of the accused and also confessed that he got the high speed diesel oil from the generator coach of the said train with the help of the other two accused pe