PUBLIC PROSECUTOR Vs. MOTURU APPALANARASAYYA

JUDGEMENT

(1.) THE view of the Stationary-Magistrate that there was no proper com-plaint in this case is opposed to the decision in Public Prosecutor V/s. Ratnavelu Chetty (1926) 13 A.I.R. Mad. 865, and on the evidence the respondent would unquestionably be guilty under Section 122, Clause (1), Railways Act. THE order of acquittal is therefore set aside and the respondent is convicted under Section 122, Clause (1), Railways Act. THE offence is technical and the respondent is sentenced to pay a fine of one rupee with simple imprisonment for one day in default.