JUDGEMENT
Syed Aftab Husain Rizvi,J. -
(1.)Heard Sri S.B. Maurya, learned A.G.A. assisted by Sri Anshuman Singh, learned A.G.A. for the appellant and Sri Saurabh Basu, learned counsel for the respondent.
(2.)This Government Appeal has been filed against the part of the judgment and order dated 17.03.2020 by which the respondent (accused) has been acquitted for charges under Section 143 (1) and 143 (2) of the Railways Act in criminal case No. 7461 of 2019 (State of U.P. vs. Chandrakant Purohit and another) passed by Additional Chief Judicial Magistrate, Jhansi. By the same judgment, the co-accused Chandrakant Purohit has been convicted for offence under Section 143 (1) of the Railways Act which is not a matter in issue in this appeal.
(3.)The prosecution case is that co-accused Chandrakant Purohit is an authorized agent of IRCTC but in greed of more money, he used to sell e-tickets using his personal ID and reservation tickets from PRS window to the needy persons. On the information received the police party of Railway Protection Force, lead by S.I- Hari Ram Yaday accompanying with constable Vikas Vyas and constable Yogendra Khare raided the premises of Anjali Travels where Chandrakant Purohit was found working on computer and on search of the premises in presence of public witnesses Dhani Ram and Channa, 17 e-tickets of future journey amounting to Rs. 39,411/-, 33 PRS window tickets of future journey amounting to Rs. 48005/-, six PRS window tickets of past journey amounting to Rs.3695/-, 19 cancelled PRS window tickets amounting to Rs. 39,625/- were recovered from the counter. Laptop, printer, mobile phones were also recovered. The recovery memo was prepared by S.I. Hari Ram Yadav. During further enquiry, it was revealed that out of 58 PRS window tickets recovered 41 tickets were booked by respondent (accused) Pratibha Dubey who is an employee of the Railway and was deployed at the booking counter as booking clerk. It was also revealed that Chandrakant Purohit has made various phone calls from his mobile phone (Mob. No.9450067076) to the accused Pratibha Dubey on her Mob. Nos. 9450034021 & 7080310910 and both have talked 18 times including six times on duty. The Inquiry Officer, S.I. Hari Ram Yadav recorded the statements of some PRS window ticket holders of future journey, the accused persons and other witnesses and after completion of enquiry, filed a complaint before the learned Magistrate.
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