Srinagar: A Srinagar court in Jammu and Kashmir sentenced a guardian to three years in prison and imposed a Rs 25,000 fine after a minor was found driving a vehicle, marking a significant legal ruling.
Shabir Ahmad Malik, Special Mobile Magistrate (Traffic) Kashmir, sentenced the guardian of a minor caught driving a vehicle to three years’ imprisonment and a fine of Rs 25,000 and cancelled the registration of the vehicle driven by the minor.
In its judgement, the court said,” From the perusal of Section 199-A (supra), it transpires that where an offence under this Act has been committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly.”
“It has been further provided that, in addition to the penalty under sub-section (1) such guardian or owner shall be punishable with imprisonment for a term which may extend to three years and with a fine of Rs 25,000; besides, the registration of the motor vehicle used in the commission of the offence shall be cancelled for a period of 12 months, and such juvenile shall not be eligible to be granted a driving licence under Section 9 or a learner’s licence under Section 8 until such juvenile has attained the age of twenty-five years,” it read.
It said, “Since Section 199-A makes the guardian of the juvenile or the owner of the motor vehicle liable, as such, the Challan has been issued against the guardian of the minor violator, and he was directed to appear before the court, accordingly the guardian/accused along with his counsel appeared before this court, and his statement has been recorded. The accused pleaded guilty and did not claim a trial. The statement of the accused has been reduced into writing and is made part of the record.”
On consideration of the statement of the accused, the nature of offence and satisfaction of this Court as to the voluntariness of the plea of guilty of the accused person, it is evident that the accused does not want to avail the opportunity to defend himself against the offence mentioned above, despite sufficient opportunity.
“Since the accused has pleaded guilty and does not want to avail the opportunity to defend himself, as such, there is no need to proceed further with the trial. Therefore, keeping in view the above-mentioned facts and circumstances and the statement of the accused person wherein he pleaded guilty, the accused person is accordingly convicted for the commission of an offence under Section 199A of the Motor Vehicles Act 1988. Therefore, under Section 199-A ,I propose to sentence the accused to three (3) years’ simple imprisonment and Rupees Twenty Five Thousand (Rs. 25,000/-) as a fine. “Further, the registration of the vehicle bearing registration number JK04K-0673 shall be cancelled for a period of twelve months.”
Since the offence does not involve any moral turpitude and the violator has not been previously convicted, and having regard to his age and antecedents, the purpose of justice shall be served if the case is considered under the Probation of Offenders Act and the accused is given the benefit of probation, it said.
“Therefore, considering the abovementioned facts and circumstances, the accused is directed to execute a bond to the tune of two lakh rupees (2,00,000) for keeping peace and good behaviour for the period of two (2) years, and in violation of any conditions of the bond during the period of these two (2) years, the accused shall receive the proposed sentence, and the bond amount of two lakh rupees shall be forfeited to the government. The vehicle bearing registration No. JK04K-0673 and documents (if any) shall be released in favour of the registered owner. The Challan is accordingly disposed of and shall be consigned to records after its due completion,” it said.
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Photo source: IANS/File/Representational
–IANS
