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, 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 275 of the Bhartiya Nagrik
Suraksha Sanhita, for offences punishable under Sections 125 and 281 of
Bhartiya Nyay Sanhita and Accused is sentenced to pay the fine of Rs.200/-
each, in aggregate accused shall pay total amount of Rs.400/-, 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 it’s owner, retaining its
photographs.
c. Copy of this order shall be given free of costs to the accused.
MUMBAI (KOMALSING RAJPUT)
DATE – 09.10.2024 J.M.F.C., 12TH COURT, BANDRA, MUMBAI
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