STATE OF BOMBAY Vs. ANTONY MARSHALL MONTERO

JUDGEMENT

(1.) THIS is an application in revision from an order of conviction and sentence passed upon the applicant for an offence under Section 122(d) of the Bombay Police Act, 1951. The accused was prosecuted for, and convicted of, the offence and sentenced to suffer rigorous imprisonment for one month. Section 122, by Clause (d), provides that: Whoever is found between sunset and sunrise -... (d) lying or loitering in any street, yard or other place, being a reputed thief and without being able to give a satisfactory account of himself,... shall, on conviction, be punished with imprisonment' as stated in the section.

(2.) IN this case, the facts are that the accused was seen by a police constable (No. 686/ G) at Waroda Road, Bandra, at about 9 -30 p.m. The police constable questioned him and, according to the police constable, the accused failed to give a satisfactory explanation about his presence at that place. The learned Magistrate accepted the evidence of the police constable and convicted the accused of the offence and sentenced him as already mentioned.

(3.) ON all these grounds, I think the order of conviction and sentence passed upon the accused cannot be sustained and this application must succeed.