(1.) THE Petitioner -accused has been convicted under Section 114(1) of the Indian Railways Act and sentenced to suffer rigorous imprisonment for two months and to pay a fine of Rs. 200/ - in default, to undergo rigorous imprisonment for fifteen days.
(2.) THE prosecution case was that the accused, who is not a railway servant nor an authorised agent of the Railways, was found purchasing tickets at Counter No. 9 of the Madras Central Railway -station and parting with the possession of the same to a third party.
(3.) I am of the view that the prosecution has neither proved its case nor the ingredients necessary to constitute an offence under Section 114 as having been committed by the accused.