ORDER

The petitioner is the first accused in C.C.No.1269/99 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam, as well as the appellant in Crl.Appeal.No.608/01 on the files of the IV Additional Sessions Court, Ernakulam. The petitioner and two others were prosecuted for the offence punishable under Section 3(a) of the Railway Properties (unlawful possession) Act. The prosecution case in brief is that, on 5.3.1996, at about 5.P.M., the petitioner along with other accused were found removing Metalic Coke under the possession of the Railways from the Railway Yard at the Cochin Harbour Terminus Station without any authority. The petitioner and accused numbers were forced for trial and the prosecution examined PW1 to PW4 and marked Ext.P1 to P15. MO1 to MO3 were also marked. The petitioner has not adduced any evidence in defence but, when he was questioned under 313 of the Code of Criminal Procedure , he denied the challenge against him. After trail, the learned Magistrate found the petitioner guilty of the said offence and convicted thereunder. He was sentenced to undergo simple imprisonment for three months and to pay a fine of Rs.5,000/-, and in default to under