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 section 279 and 336 of Indian
Penal Code and Section 184 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.1,000/- for an offence
punishable under Section 184 of Motor Vehicles Act.
d. Thus, accused shall pay total fine amount of Rs.1,400/-, as a whole
amount of fine. In default accused shall suffer simple imprisonment for a
period of one week for whole amount.
e. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 22.12.2021 M.M., 12TH COURT, BANDRA, MUMBAI
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