EMPEROR Vs. AKBARALLI HAJI MAHMADALLI

JUDGEMENT

(1.) This is a reference made to us by the Sessions Judge of Broach and Panch-Mahals for setting aside the conviction of one Akbarali Haji Mahmadalli who was convicted by the First Class Magistrate, Godhra, of an offence under Section 114 of the Indian Railways Act and sentenced to a fine of Rs. 20.

(2.) One Kalimuddin Haji Mahmadalli, a brother of Akbaralli, was found travelling from Piplod to Godhra on June 26, 1932, with a monthly ticket No. 96. It has been found that the ticket had been issued to Akbaralli. The Ticket Collector at Godhra asked Kalimuddin to pay the fare from Piplod to Godhra and a penalty of Re. 1 on the ground that the monthly ticket which he produced was in his brother's name and could not be used by him. He failed to do so. On these facts both Kalimuddin and Akbaralli were prosecuted, Kalimuddin under Section 112 of the Indian Railways Act for travelling without a proper ticket, and Akbaralli under Section 114 for having parted with his monthly ticket to Kalimuddin to enable him to travel with it.

(3.) A revisional application was filed before the learned Sessions Judge against this conviction by both Kalimuddin and Akbarali. The learned Judge found that the offence under Section 112 of the Indian Railways Act had been satisfactorily proved against Kalimuddin and dismissed the application so far as it related to Kalimuddin. He was, however, of opinion that no offence under Section 114 had been established against Akbaralli. In his view a monthly ticket was not covered by the words "any half of a return ticket" used in Section 114. He was also of opinion that it had not been established that Akbaralli was privy to the use which Kalimuddin had made of the monthly ticket.