High CourtsDivision Bench

The Crown Prosecutor vs A. Duraiswami

Madras High Court · Decided on 8 December 1922 · Citation: AIR 1923 Mad 364 : (1923) ILR (Mad) 476 : (1923) 17 LW 273 : (1923) 44 MLJ 201

HON’BLE JUDGES
Krishnan, J
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Judgment

6 paragraphs · 161 words

Krishnan, J.—The interpretation put by the Honorary Magistrates on the rule referred to by them and published in the Fort. St. George

Gazette of 10th February, 1922 No. 189 seems to be erroneous. The first part of the rule applies to the person who pedals the bicycle and takes

with him another on the same cycle; and the latter part of the rule clearly applies to the person who allows himself to be so carried, for he rides the

bicycle but not on the saddle. The word ""ride"" docs not necessarily imply that the person riding should propel the bicycle himself. It may be that the

rule as worded covers the case of a single person riding a bicycle in the manner the 2nd accused did. He pleaded guilty and therefore he should

have been convicted but as the Crown Prosecutor does not ask for a sentence it is not necessary to inflict one now. But his acquittal is set aside.