DEEN MOHHEMAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner was found guilty of the offence u/S. 8 of the Rajasthan State Road Transport Service (Prevention of Ticketless Travel) Act, 1975 by the Judicial Magistrate (Roadways), Hanumangarh by his order dt. 28-7-78. He was sentenced to a fine of Rs. 200/- in default of payment of fine to undergo seven days simple imprisonment. On appeal the conviction and sentence of the petitioner were maintained by the learned Addl. Sessions Judge, Ganganagar by his order dt. 24th July, 1979.

(2.) Learned counsel for the petitioner submitted that there was no accusation against the petitioner that he had accepted the fare from the six passengers which is an essential ingredient of the offence u/S. 8 of the Act, 1975. In the absence of this ingredient no offence u/S. 8 is made out, and no conviction can be recorded on the basis of the alleged confession by the petitioner.

(3.) I am unable to agree with the submission of the learned counsel for the petitioner. There is no such ingredient of the offence u/S. 8 that the conductor should have accepted the fare and thereafter he should fail to supply the ticket. Ss. 3 and 8 of the Act run as under : -