This appeal arises out of the order dated 29-5-1985 passed by Sri A. K. Kaushik, Judicial Magistrate, First Class, Northern Railway, Lucknow acquitting the respondent of the charge under Section 3 of the Railway Property (Unlawful Possession), Act, 1966.

2. The prosecution story is that on 15-2-1983 Jwala Prasad and Ram Sajiwan two railway constables while on patrol duty at about 1 Oclock in the night found the accused-respondent hiding himself in the bushes on the back of the wheel shop near the Turn table. They rushed and found the respondent there and over-powered him. They recovered one kilogram of copper wire from the possession of the respondent and prepared recovery memo thereof on the spot and kept the wire in a sealed cover. A case was registered against the respondent on the basis of the recovery memo and charge-sheet was submitted against him. The respondent pleaded not guilty and claimed to be tried. The prosecution examined Virendra Kumar, Senior Chargeman P. W. 1, Jwala Prasad, P. W. 2 and closed the evidence. The accused did not examine any witness in defence. Learned Magistrate on a consideration of the entire evidence arrived at the conclusion that t