Law:

Section:

Railways Act (IX of 1890)-----------S. 120--Applies to railway officials when acting in their private capacity. Prima facie the word "person" should include even railway officials. The construction which seeks to confine the section to "passengers" is obviously too narrow to be accepted. Members of the public if they commit an offence described in the section within railway premises, would be punishable under it, even if they are not passengers. There can be .no objection to the conviction of a railway official under this section, when the act attributed to him is committed, not while he is purporting to act as a railway offi­cial, but in his private capacity. In these circumstances, even the meanest railway official can, with absolute propriety and without detriment to discipline, remove him from the railway premises. The test should, therefore, be whether the railway official concerned was acting in his official or in his private capacity in any particular case. The reference to "fare" "ticket " or "pass" in the later part of section 120 of the Act would only cover a specific category of. the persons within the ambit of the section viz., passengers but that would be no ground for holding that others are beyond its pale merely because a part of the section would be inapt in their case. That part should be held to be applicable so far as may be. A I R 1934 Pat. 52 (1); A I R 1919 Mad. 971 (2) rel. A I R 1929 Sind 249 (1); A I R 1937 Bom. 357 ref. JUDGMENT S. A. RAHMAN, J.-Gulam Rasul, a cleaner in the Loco Shed, North Western Railway, Kundian, was convicted under section 120 (b) of the Railways Act and sentenced to pay a fine of Rs. 50 or in default, to suffer simple imprisonment for one month, by Mr. Muhammad Afzal Khan, Additional District Magistrate, Mianwali. He approached the learned Sessions Judge, Mianwali, on the revision side but his petition was rejected. A revision petition has been presented on his behalf in this Court. According to the prosecution case, the petitioner threw an earthen pot containing filth, on the railway platform at Kundian, where railway officials had gathered to see off Sheikh Sanaullah, Foreman of the Loco Shed, who had been…

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