Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Accused produced with charge-sheet/final report of investigation at
02.00 p.m. Prima facie case made out for offences punishable under Sections
279 and 336 of Indian Penal Code and Section 184 of Motor Vehicle Act.
Cognizance taken.
2. Accused pleaded guilty to the offence. The consequences pertaining to
possible punishment made understand to the accused. Despite that accused is
ready to plead guilty and as such his plea is voluntary. Heard Ld. A.P.P. and
accused on the point of sentence. Ld. A.P.P. submitted and prayed for severe
punishment. Against it, Ld. Advocate for the accused made submissions that the
accused not deliberately committed the act. He is poor and unemployed, there
are dependents on him. Offence is not much serious. He is in financial
constraints and in view of these facts and circumstances, if substantive sentence
awarded, accused will suffer irreparable loss.
3. There appears substance in the submissions of Ld. Advocate for the
accused pertaining to the claim of leniency. If all these aspects and submissions
of Ld. A.P.P. collectively considered, I am of the opinion that rather than
awarding substantive sentence, the sentence of fine will serve the cause of
justice. Therefore, following order -
ORDER
a. The accused is convicted under Section 252 of the Code of Criminal
Procedure for offences punishable under section 279 and 336 of Indian Penal
Code and Section 184 of Motor Vehicles Act, and Accused is sentenced to pay
the fine of Rs.200/- each, in aggregate accused shall pay total amount of
Rs.600/-, towards whole amount of fine. In default accused shall suffer simple
imprisonment for a period of one week for whole amount.
b. The seized property shall be handed over to its owner, retaining its
photographs.
c. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 18.04.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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