IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 559 OF 2008 CRIMINAL APPLICATION NO. 559 OF 2008 CRIMINAL APPLICATION NO. 559 OF 2008 IN IN IN CRIMINAL APPLICATION NO. 3337 OF 2008 CRIMINAL APPLICATION NO. 3337 OF 2008 CRIMINAL APPLICATION NO. 3337 OF 2008 The State of Maharashtra ...Applicant/ Appellant (Orig.Complainant) vs. Barku Daji Nikam ...Respondent (Orig.Accused) Shri Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : SEPTEMBER 30, 2008 DATED : SEPTEMBER 30, 2008 DATED : SEPTEMBER 30, 2008 P.C. :- P.C. :- P.C. :- 1. Heard learned APP for the State. 2. Delay of 84 days in filing the application for leave to file appeal is condoned for the reasons stated in the application. Delay application is disposed of. 3. The State has preferred this appeal against the order of acquittal passed by the JMFC, Khed in RCC No.86/2007. The respondent-accused was charged for the offence punishable under Section 3(a) of the Railway Property (Unlawful Possession) Act 1966. The - 2 - prosecution case is that the accused was found in suspicious circumstances at about 1.00 p.m. on 6th October, 2007. The Railway Security Officer, Shri Dattatray Mohan Pawar was given duty of patrolling between a particular area and at about 1.00 p.m., he noticed that the accused was moving in the said area under the suspicious circumstances. He noticed that he was carrying something in the red cloth. When this accused was searched, it was found that certain nuts and bolds were found in the red cloth he was carrying. Accordingly, a complaint was lodged and chargesheet was filed against him. The applicant could not furnish bail and therefore, he was in custody from 9.10.2007 till the date of the judgment and order on 14th March, 2008. The respondent-accused has already undergone the sentence of five months. The trial court has held that the prosecution has not in a position to prove that the respondent accused was unlawfully in possession of the said property which is valued at Rs.1000/-. The trial Court has held that the confession which was recorded by the Railway Police had not been proved since independent witness before whom the alleged confession was recorded - 3 - was not examined. 4. In my view, the learned Magistrate has given cogent reasons while acquitting the respondent accused. No case is made out, therefore, for grant of leave. The application for leave is refused. 5. The application, accordingly, is disposed of. (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)