1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR . Criminal Application No.67 of 2010 In Criminal Appeal of 2010 Union of India VS. Shri Ashok s/o Narayan Dumre ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. V.M. Gadkari, Advocate for appellant, None for respondent. Coram : A.H. JOSHI, J. Date : 25th March, 2010. 1. Heard. 2. The accused was tried for offence of theft of Railway property. The accused is acquitted. 3. According to appellant, the accused was found in possession of Railway property. 4. The Railway Magistrate found that panchanama was signed by two witnesses. One of them was serving in the Railway and another one was private individual. The panchanama was sought to be proved by testimony of Railway employee as in spite of sufficient opportunity other panch witness was not 2 present. 5. The Railway Magistrate has declined to believe the sole testimony of Railway employee. 6. Moreover, the accused had not claimed the alleged stolen property. 7. The conclusion reached by Magistrate are most probable. 8. Hence, no interference is called for. The application is dismissed. Judge |adgokar|