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Banwari Lal and anr. Vs. Emperor - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported inAIR1920All203; 57Ind.Cas.825
AppellantBanwari Lal and anr.
RespondentEmperor
Excerpt:
railways act (ix of 1890), section 112 - travelling without ticket--no intention to defraud--guilty, plea of, meaning of. - walsh, j.1. i accept this reference. i agree with the view of the collector that the plea of guilty did not cover the whole ground of the alleged offense. the accused were charged with entering a railway carriage without tickets with intent to defraud the railway under section 112 of the railways act. the accused pleaded guilty to entering a railway carriage, but said that the train was about to start and they had no time to purchase the tickets. that is a denial of having intended to defraud. the convictions must be set aside and the fines, if paid, refunded.
Judgment:

Walsh, J.

1. I accept this reference. I agree with the view of the Collector that the plea of guilty did not cover the whole ground of the alleged offense. The accused were charged with entering a railway carriage without tickets with intent to defraud the railway under Section 112 of the Railways Act. The accused pleaded guilty to entering a railway carriage, but said that the train was about to start and they had no time to purchase the tickets. That is a denial of having intended to defraud. The convictions must be set aside and the fines, if paid, refunded.


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