1. The State has filed this appeal against the judgment of acquittal of the respondents passed by the Magistrate First Class, Khachrod in criminal case No.3 of 1971, for an offence under section 3 of the Railway Property (Unlawful Possession) Act, 1966.

2. The facts giving rise to this appeal, as per prosecution case, are that on 13th October 1970, Sub-Inspector Railway Protection Force Gulabsingh PW 1, received information that a dynamo-belt, which is the railway property is in possession of the respondents, and is being used by them in their flourmill situated at Nai Dilli Nagda. On the basis of this information he sent a written report to ASI, RPF. Nagda who in turn proceeded to raid the said installation of the accused persons. In the presence of respondent No.1 Akbar Khan and the 2 Panch witnesses Rajbeharisingh PW 2, the ASI, seized a dynamo-belt containing mark IR embossed on it, which was in actual use at that time in the flour-mill. This belt was certified to be a railway property and on these allegations the respondents were prosecuted. The defence of respondent No.1 Akbar Khan at the trial was that he is only a servant of respondent No.2 Gulmohammad, while the