Om Prakash & Anr vs State Of U.P. & Ors on 15 July, 1998
As held in Om Prakash's case and
Vishwanath Tukaram' case (supra), at the first instance it is incumbent
upon the prosecution to prove that the property recovered was a
Railway property. Unless the ingredients of Section 2(d) of the Act,
which defines 'railway property', are proved, no confession under
Section 3 of the Act can be relied upon. Even otherwise, this Court is
conscious of the fact that in an appeal against acquittal, the High Court
should not interfere with the view formulated by the trial Court, if the
same is possible on the facts and under the circumstances of the case.