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In Re: Modali Lakshmi Narasimham Sarma - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1933Mad372
AppellantIn Re: Modali Lakshmi Narasimham Sarma
Excerpt:
- - had this been done, i have no doubt that it could have been shown that the notice was perfectly justified by some rule or regulation......to pay a fine of rs. 10. the evidence shows that in order to reach the platform of the nellore railway station he crossed the line instead of entering it by the ordinary route. the only point taken is that the prosecution has not demonstrated that such action constitutes an unlawful entry or a trespass. there is evidence, which the courts have accepted, that there was a notice-board put at the station prohibiting such trespass and the accused's conduct was said to have constituted a breach of that notice. inasmuch as this point was not specifically challenged at the trial the prosecution was not put to the proof of the authority upon which that notice was based. had this been done, i have no doubt that it could have been shown that the notice was perfectly justified by some rule or.....
Judgment:

Curgenven, J.

1. The petitioner has been convicted under Section 122(1), Railways Act, of unlawfully entering upon a railway and sentenced to pay a fine of Rs. 10. The evidence shows that in order to reach the platform of the Nellore Railway Station he crossed the line instead of entering it by the ordinary route. The only point taken is that the prosecution has not demonstrated that such action constitutes an unlawful entry or a trespass. There is evidence, which the Courts have accepted, that there was a notice-board put at the station prohibiting such trespass and the accused's conduct was said to have constituted a breach of that notice. Inasmuch as this point was not specifically challenged at the trial the prosecution was not put to the proof of the authority upon which that notice was based. Had this been done, I have no doubt that it could have been shown that the notice was perfectly justified by some rule or regulation. I am not going to believe that persons can wander about railway lines at their own will and pleasure without rendering themselves liable under some provision of law which prohibits so dangerous a practice. The criminal revision petition is dismissed.


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