What Led to the Srinagar Court's Three-Year Sentence for a Guardian in a Minor Driving Case?
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Srinagar, Feb 21 (NationPress) In a landmark ruling, a court in Jammu and Kashmir's Srinagar city has imposed a three-year prison sentence along with a fine of Rs 25,000 on the guardian of a minor who was found driving a vehicle.
Shabir Ahmad Malik, Special Mobile Magistrate (Traffic) Kashmir, handed down the sentence to the guardian after the minor was caught behind the wheel. Additionally, the vehicle's registration was revoked.
The court noted, “An examination of Section 199-A reveals that if an offence is committed by a juvenile, the guardian or owner of the vehicle is deemed guilty and can face legal actions.”
Furthermore, it stated, “In addition to the penalty specified in subsection (1), the guardian or owner could face imprisonment up to three years, a fine of Rs 25,000, and the vehicle's registration would be cancelled for 12 months. The juvenile is also ineligible for a driving license until they reach the age of 25.”
It added, “Based on Section 199-A, the guardian of the minor was charged and summoned to court. The accused appeared with legal counsel and admitted guilt, foregoing a trial. This admission is now part of the official record.”
After considering the accused's statement and the nature of the offence, the court concluded that the accused willingly chose not to defend himself, despite being given ample opportunity.
“Given that the accused has pled guilty and waived the right to a defense, the trial is unnecessary. Thus, considering the facts and the accused's admission of guilt, he is sentenced to three years of simple imprisonment and a fine of Rs. 25,000. Furthermore, the vehicle with registration number JK04K-0673 will be banned for twelve months.”
Since the offence does not involve moral turpitude and taking into account the accused's age and background, the court suggested that justice would best be served under the Probation of Offenders Act.
“Thus, the accused is required to post a bond of Rs 2,00,000 to maintain peace and good behavior for two years. Any breach of this bond will result in the proposed sentence being enforced, and the bond amount will be forfeited to the government. The vehicle JK04K-0673 and any related documents will be returned to the registered owner. The case is considered resolved and will be filed away accordingly,” the court concluded.