JUDGMENT : P.K. Mohanty, J. - The Government is in appeal against the order of acquittal passed by the Learned Judicial Magistrate, First Class, Rajgangpur in 2(c) C.C. Case No. 20 of 1982 (Trial No. 4539 of 1983) acquitting the Respondents from the charge u/s 3(a) of the Railway Property (Unauthorized Possession) Act. 2. The prosecution case, in brief, is that on 4.5.1982 at about 10.05 P.M. in the night, P.W. No. 3 L.R. Murty, the A.S.I. of R.P.F. while performing patrolling duty along with M. Kulundia and one R. Jonco at Rajgangpur Railway Station yard, they found a train for cement Factory standing on the Platform. They saw 4 to 5 persons unloading articles from the wagon after breaking open the same. They went to the spot. P.W.3 L.R. Murty caught hold of the accused A.K. Tiwari and witness M. Kulundia caught hold of the other accused and recovered a full bundle of empty gunny bags from A.K. Tiwari and loose empty gunny bags from the other accused. On enquiry they pointed out towards the wagon and told that they brought the gunny bags from there. It was found that the wagon was open. There was mark of identification and he sealed the wagon. All the R.P.F. personnel present there brought the accused along with gunny bags to the Rajgangpur Railway Station and intimated the O.I.C., R.P.F. Rourkela. The O.I.C. came to the R.P.F. Station and found the articles recovered from the accused persons and seized the gunny bags. The accused persons confessed the crime and after completion of investigation of the case accused persons were forwarded to Court in custody and the case was registered. 3. The plea of the accused persons was one of complete denial. 4. The prosecution in order to prove its case had examined five official witnesses and none was examined for the defence. The Learned Magistrate on consideration of the evidence of the prosecution witnesses held that though seven witnesses were cited in the P.R., only five official witnesses have been examined and no reason has been assigned for non-examination of the two materials witnesses. He further held that platform is a public place where independent witnesses are available and when the accused persons were apprehended in Rajgangpur Railway Station yard there was no reason why independent witnesses were not examined to prove its case. He further held that platform is a public place where independent witnesses are available and when the accused persons were apprehended in Rajgangpur Railway Station yard there was no reason why independent witnesses were not examined to prove its case. The prosecution has not taken adequate steps to procure independent witnesses to prove its case. Learned Magistrate has also taken note of the fact that even though the prosecution story is that a full bundle of empty gunny bags was recovered from one of the accused and loose empty gunny bags were recovered from the other, in Court only one bag was produced. On scrutiny of the materials on record, the Learned Magistrate has recorded the findings that the prosecution has failed to prove its case against the accused persons beyond all reasonable doubt and hence acquitted them. 5. On perusal of the evidence on record, the statements of the witnesses and the impugned order, I do not find any cogent reason to differ from the views taken by the Learned Court below. 6. The occurrence is of the year 1982 and the Learned Magistrate has passed the order of acquittal on 15.9.1987 and in the meantime about two decades have elapsed. In such view of the matter, the Government Appeal fails and the same is dismissed. Govt. Appeal dismissed Final Result : Dismissed