Ajit Kumar Chaudhary V - S State of Bihar
Ajit Kumar Chaudhary V - S State of Bihar
Ajit Kumar Chaudhary V - S State of Bihar
Sections 411 of the Indian Penal Code and Section 3 of the Railway Stores (Unlawful
Possession) Act, 1955 were used to charge the appellant. On January 7, 1967, Shri K. K.
Venkateswaram, Sub-Inspector of Railway Police Force, Chakradharpur, and others were
travelling to Chakradharpur on a third class bogey of the 328 Down Nagpur-Chakradharpur
Passenger train, according to the prosecution case. When the train was between Jaraikela and
Manoharpur Railway Stations, they noticed some knocking sounds coming from the next bogey.
Venkateswaram, P. Y. Kundulu, Head Rakshak, and D. Bhaskar Rao went into the adjoining
bogey as soon as the train arrived at Manoharpur Station and found the accused alone. They
discovered that the mirror from the bogey's lavatory had been removed during their
investigation. When they asked about the missing mirror, the accused denied any knowledge of
it. Following that, the accused's bag was checked, and a mirror with the mark "IR" was
discovered inside. The police filed a complaint under Sections 379/411 of the Indian Penal Code
based on these facts. However, the accusations were confirmed in the Trial Court under Section
411 of the Indian Penal Code and Section 3 of the Railway Stores (Unlawful Possession) Act,
1955. The Trial Court found the appellant guilty under both provisions and sentenced him to six
months in jail in each court, with the sentences to run consecutively.
Issues:
Whether the provisions of Section 342, Criminal Procedure Code were compiled by the Trial
Court?
Whether it can be said that provisions of Section 342 had not been complied merely because it
was not put to the appellant that the mirror was stolen?
Rules:
1. Section 3 of Railway Stores (Unlawful Possession) Act, 1955
Unlawful possession of railway stores: If any person is found, or is proven to have been,
in possession of any article of railway stores reasonably suspected of being stolen or
obtained unlawfully, and cannot satisfactorily explain how he obtained it, he shall be
punished by imprisonment for a term up to five years, or by fine, or by both.