Final Order 1

Order Details: Order Below EX 1
Pdf Text: ORDER BELOW EXH.1
1. Perused record. 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.
2. 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 Sections 279 and 336
of Indian Penal Code and Section 158 r/w.177 of Motor Vehicles Act.
b. Accused is sentenced to pay the fine of Rs.200/- for each of the
offence punishable under Sections 279 and 336 of Indian Penal Code.
c. Accused is sentenced to pay the fine of Rs.100/- for the offence
punishable under Section 158 r/w.177 of Motor Vehicles Act.
d. Thus, accused shall pay total fine amount of Rs.500/-, as a whole
amount of fine. In default accused shall suffer simple imprisonment for a
period of one week for whole amount.
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e. The seized property shall be handed over to its owner, retaining its
photographs.
f. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 04.08.2022 M.M., 12TH COURT, BANDRA, MUMBAI
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