OM PRAKASH versus STATE OF U.P.

OM PRAKASH versus STATE OF U.P.

From the evidence, the appellant, present as contractor, was found in unlawful possession of railway property and all ingredients of Section 3 were established. No interference with conviction or sentence is warranted; reduction of sentence below statutory minimum is not permissible.

Source-derived case information.

Parties
Appellant: OM PRAKASH; Respondent: STATE OF U.P.
Jurisdiction
India
Judgment Date
22 January 2008
Procedural Posture
Criminal Appeal No. 145 of 2008 / Final Order on Appeal From High Court Revision Dismissal
Outcome
Appeal dismissed
Legal Topics
Unlawful Possession, Railway Property (unlawful Possession) Act, 1966, Sentencing
Criminal Law Unlawful Possession Railway Property (unlawful Possession) Act, 1966 Sentencing

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Parties

OM PRAKASH

Appellant

STATE OF U.P.

Respondent

Procedural Posture

Criminal Appeal No. 145 of 2008 / Final Order on Appeal From High Court Revision Dismissal

Legal Issues

  1. 1 Whether the appellant was in unlawful possession of railway property under Section 3 of the Railway Property (Unlawful Possession) Act, 1966
  2. 2 Whether sentence can be reduced below the minimum prescribed for first-time offence

Ratio Decidendi

From the evidence, the appellant, present as contractor, was found in unlawful possession of railway property and all ingredients of Section 3 were established. No interference with conviction or sentence is warranted; reduction of sentence below statutory minimum is not permissible.

Court Disposition

Appeal dismissed

Orders

  • Imprisonment for one year under Section 3 of Railway Property (Unlawful Possession) Act, 1966 affirmed
  • Fine of Rs.1,000/- with default stipulations affirmed