SOMANATHAN Vs. SUB INSPECTOR OF POLICE KILIMANOOR

JUDGEMENT

(1.) The accused in Summary Case 904 of 1959 on the file of First Class Magistrate of Attingal who has been convicted under S.113 (1) read with S.88 of the Motor Vehicles Act 4 of 1939 has filed this revision petition.

(2.) The charge against the accused was that he failed to furnish the information called for by the Sub Inspector of Police, Kilimanoor. The Sub Inspector found the bus KLT 2633 passing through a road where the bus had no permit to run. He showed the stop, signal, but the driver did not .stop the bus. As owner of the bus, notice was given to the accused to furnish the name and address of the driver and the conductor. The accused failed to furnish the details and he was prosecuted. When questioned he denied the offence. The learned Magistrate has found the accused guilty as he received the notice and failed to reply and that he has not adduced any record to show that he is not the owner.

(3.) To bring home the guilt to the accused it is the duty of the prosecution to prove that the accused is the owner of the motor vehicle in question. Owner is defined in