Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Accused persons 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 persons. Despite that
accused are ready to plead guilty and as such their 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. They are poor and
unemployed, there are dependents on them. Offence is not much serious. They
are 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 are convicted under Section 252 of the Code of Criminal
Procedure for offences punishable under Sections 279 and 336 of Indian Penal
Code and Section 184 of Motor Vehicles Act, and Accused are sentenced to pay
the fine of Rs.200/- each, in aggregate accused shall pay total amount of
Rs.600/- each, towards whole amount of fine. In default accused shall suffer
simple imprisonment for a period of one week for whole amount each.
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 persons.
MUMBAI (KOMALSING RAJPUT)
DATE – 02.06.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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