1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.APPA 546 OF 2010. UNION OF INDIA VS SHAHDU KHAN YNIS KHAN ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri Vandan Gadkari Advocate for the applicant. CORAM : A.H. JOSHI, J. DATE : 12th AUGUST, 2010. 1. The case filed by the railways for theft of railway property has been dismissed. The railway property known and described as “Junction Box” was stolen. 2. The prosecution has relied upon the oral evidence of Indrakumar Sharma to prove the identity of property. 3. In the examination-in-chief, he has stated that it is the same property which is Muddemal, however, he does not say that he identifies it to be railway property. In the cross examination, he has failed to describe the railway property by its name and description. 4. In the result, the Railway Magistrate held that the fact of theft of railway property was not 2 proved. 5. The judgment and order of acquittal is based on sound reasons, and based on only inferences available from the evidence on record. 6. Appeal has no merit. The application and appeal are rejected. Judge //mule//