EMPEROR Vs. DHULA JETHA

JUDGEMENT

(1.) THE accused in this case was convicted by the Presidency Magistrate, Second Additional Court, Mazagaon, under Section 3(a) of the Prevention of Cruelty to Animals Act of 1890. He was driving a victoria, which had in it six full grown men and six beddings and six bags, and the suggestion is that he was thereby overloading his gharry and causing unnecessary pain and suffering to the horse.

(2.) SECTION 3 provides that if any person treats any animal so as to subject it to unnecessary pain or suffering, he shall be guilty of an offence. SECTION 3-A expressly makes overloading an animal an offence, but as no rules have been published, specifying the maximum weight that may be carried, there might be a difficulty in prosecuting under SECTION 3-A. Therefore, the case is brought under SECTION 3(a), and under that section it is to be shown that unnecessary pain or suffering was caused to the animal.

(3.) THE application, therefore, fails.