1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.403/2010 Union of India Vs. Ramesh Pandurang Jagtap and another Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. Vandan M. Gadkari, Advocate for the applicants. CORAM : A.H. JOSHI, J. DATE : 23rd JULY, 2010. 1] This is an appeal against acquittal. The learned Judge has refused to accept Exhibit 15 the certificate as to the subject matter property being Railway property. 2] It is admitted that though the person issuing certificate was examined, the property i. e. Jagal fish plate alleged to be the stolen property, was not identified. 3] The witness was required to be examined to prove the certificate, because the certificate does not have value of conclusive proof. 2 4] Since the property, which was stolen to be Railway property is not proved to be Railway property, the presumption as to theft of Railway property does not arise. 5] The appeal, therefore, has no merit and it is dismissed. JUDGE Ambulkar.