The petitioner was certainly found in the middle of the road by the police. But it is not proved that he was jay walking along the road, as contended by the prosecution in the lower Court, or just crossing the road as he contended. In Indian towns, points of crossing are not fixed and demarcated and made public by lines or lights, and so people cross and have to cross at all kinds of places where they find the traffic comparatively thin and the crossing safe. The learned Crown Prosecutor agrees with me that this is a case for giving the benefit of the doubt to the petitioner and acquitting him. I accordingly set aside the conviction and sentence, and acquit the petitioner. The fine, if paid, will be refunded to him.

K.S. ----- Conviction set aside.