The judgment emphasizes the principle of appellate courts being slow to interfere in judgments of acquittal and the requirement for the prosecution to prove negligence beyond reasonable doubt.

VIKRAM AGGARWAL, J.

CRM-5765-2023

Prayer in the present application is for condonation of delay of 135 days in filing the accompanying application.

Heard.

For the reasons, mentioned in the application, the same is allowed. Delay of 135 days in filing the accompanying application is condoned.

CRM-A-159-2023

1. Prayer in this application is for grant of leave to file appeal against the judgment dated 19.07.2022, passed by the Special Railway Magistrate, Ambala Cantt. vide which the respondent was acquitted of the charges framed against him.

2. The facts, in brief, are that on 31.08.2019, it was found that the Optical Fibre Cable wire (OFC wire) in between KM No.190/33-35 was cut by the respondent while driving the JCB Machine bearing registration No.HR-38S-9982 and he had, thereby, obstructed the smooth and safe running of trains, by his rash and negligent act. An FIR was registered. Investigation commenced. On completion of investigation, final report under Section 173 Cr.P.C. was submitted. The respondent was charge-sheeted under Section 174-C of the Railways Act. Trial commenced. Five witnesses were examined by the prosecution. However, after considering the matter, the trial Court acquitted the respondent-accused, leading to the filing of the present application for grant of leave to file appeal.

3. Learned counsel for the applicant submits that the trial Court gravely erred in acquitting the accused as on account of the optical fibre cable wire having been cut by the respondent while driving the JCB machine, the smooth and safe running of trains had been obstructed which could have led to some accident also. It has been submitted that despite cogent evidence having been led, the trial Court wrongly acquitted the accused. Reference has been made to various parts of the judgment and an attempt has been made to convince the Court that the judgment passed by the trial Court is not sustainable.

4. I have considered the submissions made by learned counsel for the applicant but find the same to be devoid of merit. On 31.08.2019, an incident took place in which the respondent-accused, while driving a JCB machine, cut the underground optical fibre cable wire.

5. Section 174 of the Railways Act lays down as under:-

“Obstructing running of train, etc.— If any railway servant (whether on duty or otherwise) or any other person obstructs or causes to be obstructed or attempts to obstruct any train or other rolling stock upon a railway,—

(a) by squatting or picketing or during any Rail roko agitation or bandh; or

(b) by keeping without authority any rolling stock on the railway; or

(c) by tampering with, disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise,

he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to two thousand rupees, or with both”

Section 174 (c) deals with the obstruction or attempt to obstruct any train or other rolling stock upon a railway by tampering with or disconnecting or interfering in any other manner with its hose pipe or tampering with signal gear or otherwise would be punishable with imprisonment for a term which may extend to two years or with fine which may extend to Rs.2,000/- or with both.

6. The prosecution was required to prove that the respondent-accused had been negligent in driving JCB Machine as a result of which the optical fibre cable wire had been cut. Admittedly, all the witnesses examined by the prosecution admitted in their cross-examination that no sign board, notice or milestone was installed by the Railways on the site of the occurrence, depicting that an optical fibre cable wire was installed underneath the land which could have alerted any person undertaking any work there. The respondent-accused could not have judged without any notice in this regard that there was an optical fibre cable wire underneath or even if he had some idea for the sake of assumption, he would not have any idea wi