Srinagar, February 21 – In a significant judgment, a court in Srinagar, Jammu and Kashmir, sentenced the guardian to three years in prison and a fine of 25,000 rupees in connection with a case involving a minor driving a vehicle.
Shabir Ahmad Malik, Special Mobile Magistrate (Traffic), Kashmir, sentenced the guardian of a minor caught driving a vehicle to three years in prison, a fine of 25,000 rupees, and the cancellation of the minor's vehicle registration.
In its judgment, the court stated, "From the perusal of Section 199-A (above), it appears that where an offense 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 also been 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 25,000 rupees, besides the registration of the motor vehicle used in the commission of the offense shall be cancelled for a period of 12 months and such juvenile shall not be eligible to be granted a driving license under Section 9 or a learner's license under Section 8 until such juvenile has attained the age of twenty-five years," it read.
It stated, "Since Section 199-A makes the guardian of the juvenile or the owner of the motor vehicle liable, accordingly, a charge sheet 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 was recorded. The accused pleaded guilty and did not claim trial. The accused's statement has been written down and is part of the record."
Considering the accused's statement, the nature of the offense, and the court's satisfaction that the accused's plea was voluntary, it is evident that the accused does not want to take advantage of the opportunity to defend himself against the above offense, despite having sufficient opportunity.
"Since the accused has pleaded guilty and does not want to avail of the opportunity to defend himself, there is no need to proceed further with the trial. Therefore, considering the above facts and circumstances and the statement of the accused, who pleaded guilty, the accused is accordingly convicted for the commission of offense under Section 199A of the Motor Vehicles Act, 1988. Therefore, under Section 199-A, I propose to sentence the accused to three (3) years of simple imprisonment and 25,000 rupees as fine." Furthermore, the registration of vehicle bearing registration number JK04K-0673 shall be cancelled for a period of twelve months.
Since the offense 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 above facts and circumstances, the accused is directed to execute a bond of 2,00,000 rupees for keeping the peace and good behavior for a period of two (2) years, and during this period, if the accused violates any condition of the bond, the accused shall receive the proposed sentence and the bond amount of 2,00,000 rupees shall be forfeited to the government. The vehicle bearing registration number JK04K-0673 and any related documents shall be released in favour of the registered owner. The charge sheet is accordingly disposed of and shall be consigned to records after its due completion," it said.