STATE OF RAJASTHAN Vs. KIRTI BHARGAVA

JUDGEMENT

(1.) Instant criminal appeal impugnes the judgment dated Sept. 14, 1993 of the learned Munsif and Judicial Magistrate No.3 Ajmer whereby the accused respondent (for short the accused) was acquitted from the charge under section 8 of the Rajasthan State Road Transport Corporation (Ticket Less Travel) Act, 1975 (for short the Act).

(2.) Brief resume of the facts is that a complaint was filed by the Rajasthan State Road Transport Corporation (for short RSRTC) against the accused under Section 8 of the Act in the trial court with the allegations that on August 31, 1980 when Inspecting party checked Bus NO. 60 11 near Octrol Post, Pushkar, eight passengers were found without tickets. On being enquired it was known that the passengers had paid the fare but the accused did not issue them the tickets. The accused was summoned and charge under Section 8 of the Act was framed against him. The accused did not accept the guilt and claimed trial. The prosecution examined as many as four witnesses. Thereafter statement of the accused under Section 31.3 Cr. P.C. was recorded. After hearing the arguments the learned trial court acquitted the accused.

(3.) Mr. P.C. Jam, learned counsel appearing for the appellant made a scathing criticism of the impugned judgment. It was canvassed by the learned counsel that statements of the prosecution witnesses were not properly considered. The findings arrived at by the learned trial court are based on speculative conjectures. Inspite of the clear admission of the accused that bus was checked by the Flying Squad he was acquitted. It was also contended that the Act was enacted to provide for prevention of ticket less travel and the trial court did not take into account that the accused by his conduct put the Government to loss. Reliance was placed on Dharam Das v. State of U.P. Ram Prasad v The State of U.P., Khem. Karan v. State of U.P. and Shivaji v. State of Maharashtra.