GHANSHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Revision Petition has been filed by the petitioner against the judgment dated July 31,1992, passed by the learned Sessions Judge, Jhalawar, in Criminal Revision No. 97/90, by which, the sentence and fine imposed on the petitioner by the learned Judicial Magistrate in Criminal case No. 146 of 1980 has been maintained.

(2.) BRIEFLY stated, the petitioner, who was working as Conductor in Rajasthan State Road Transport Corporation (for brevity, 'rsrtc'), was discharging his duty on January 29, 1980 at Bus No. 9112, which was running on the route of Chomahala to Jhalawar. This vehicle was checked and it was found that 22 passengers were travelling without ticket. A complaint was filed in the Court of learned Judicial Magistrate (Roadways), Ajmer, who, after recording statements of Khushi Ram (P. W. 1), Hetram (P. W. 2) and Devilal (D. W. I), convicted the petitioner vide order dated December 17, 1988, under Section 8 of the Rajasthan State Road Transport Service (Prevention of Ticketless Travel) Act, 1975 (for short, 'the Act, 1975' ). The petitioner was punished with fine of Rs. 100/- and in default of payment of fine, to undergo simple imprisonment for seven days. The petitioner filed appeal against the same, which was dismissed, as stated above. It is submitted by Mr. Gupta, learned counsel, that no offence is made out against the petitioner as provided under Section 8 of the Act, 1975. The learned counsel read out the statements of PW1 and PW 2 and pointed out certain contradictions. It was further pointed out that PW 1 Khushi Ram is an Inspector of RSRTC and he checked the bus, therefore, his evidence is based on hear say and no reliance can be placed on the same. It was also pointed out that, in any case, the petitioner is entitled to the benefit of Probation, since it is his first offence and is of minor nature.