Short Note : 1. The prosecution case was that a revolver was found in an almirah inside a room which was occupied exclusively by the two respondents when a search was made of that room by the police. The respondents case was that they were not in exclusive possession of that room and there were other persons, including one Amarsingh, who also were living in that room. The learned trial Court convicted the respondents under section 25 (1) (a) of the Indian Arms Act but the Sessions Judge acquitted them. Held : There can be no doubt that unless possession of the respondents is found proved, the alleged offence cannot be held to be proved. The conclusion reached by the learned Sessions Judge is undoubtedly a probable view which finds support from the prosecution evidence itself. This being so, no case for reversing the acquittal is made out. The learned Government Advocate strenuously urged that section 35 of the Act was ignored by the learned Sessions Judge and according to the argument, that provision is sufficient to prove the guilt of the respondents. He contends that the prosecution has discharged. Its burden placed on it by the first part of the section so that the burden had shifted to the respondents to rebut the presumption arising therefrom, as required by the second part of that section. This Court is unable to accept this argument. In order to raise the presumption and shift the burden of proof to the accused, one of the facts required to be proved by the prosecution according to the first part of the section that there was reason to' believe that the accused was aware of the existence of the arm or ammunition in the premises. Unless this fact is also proved by the prosecution, no such presumption arises shifting the burden to the accused for proving the contrary. The learned Government Advocate is unable to show that there was reason to believe that the respondents were aware of the existence of the revolver in the Almirah kept within that room. For this reason alone, the reliance placed on section 35 by the learned Government Advocate is not available. Appeal dismissed.