RP(UP) ACT SEC 3(a)

WHATSAPP 91-8075113965 (Querist) 01 September 2010 This query is : Resolved
sir,
allegation against the accused is that accused was found in possession of some peices of rails and after trial accused was convicted u/s 3(a) of railway properties 9 unlawful possession ) act, 1966.
here in this case, there is no special mark on the rail , or emblem of railway on the rail, to prove that it actually belonged to railway.
but, there is a vagoue statement that it is the property of railway in serviceble condition and and not auctionable, and not available in the open market.
is it , satisfactory identification of mos to sustain conviction ?

SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com

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S. Bharath (Expert) 01 September 2010
If the physical features of the MO matches with the description of standard item or product, it is sufficient combined with the facts you mentioned, like unavailability in open market etc., to sustain a conviction.

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