Court sentences man to 3-year imprisonment for allowing his minor son to drive car

Releases convict on probation with condition of maintaining good conduct
Court sentences man to 3-year imprisonment for allowing his minor son to drive car
Representational ImageFile/ GK

Srinagar: A local court here has sentenced a man to three-year imprisonment for allowing his minor son to drive a car.

However, looking at the antecedents of the convict, the court released him on probation with conditions for maintaining good conduct.

Special Mobile Magistrate (Traffic) Shabir Ahmad Malik, Srinagar, announced the verdict after the accused pleaded guilty and demanded no trial.

“Since, the accused has pleaded guilty and does not want to avail the opportunity to defend himself, as such there is no need to proceed further with the trial,” the court said.

“Therefore, keeping in view the facts and circumstances and the statement of the accused person wherein he pleaded guilty, the accused person is accordingly convicted for the commission of an offence under section 199A M.V Act. I propose to sentence him to three-year simple imprisonment and Rs 25,000 as fine,” the court said.

“Since the offence for which the accused has been convicted does not involve any moral turpitude and the violator has not been previously convicted and having regard to his age and antecedents the purpose of justice shall be served if the case is considered for release on probation,” the Court said.

“The accused is given the benefit of probation. Therefore, considering the facts and circumstances the accused is directed to execute a bond to the tune of rupees 30,000 for keeping peace and good behaviour for the period of one year and in violation of any condition of bond during that period, the accused shall receive the proposed sentence,” the court said.

Releasing the convict on probation, the court said that “conviction shall not be read as a disqualification for any public or private employment or for the purpose of verification including verification or the passport or any other document for the convict.”

As per the Motor Vehicle Act 1988, when the offence under the Act is committed by a juvenile, the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty and shall be liable to be proceeded against and punished accordingly.

The court observed that the violation by a juvenile, underage driving is one of the major causes of traffic snarls and causes danger to other motorists and pedestrians on the roads.

It further observed that minors are often found driving bikes, scooties and then hide behind cars or heavy vehicles to escape police at signals. “If Police chase them, they may fall or skid, that can result in injuries or even death. I deem it proper to communicate a copy of this judgment with a copy of the Motor Vehicle Act, to the Commissioner Secretary School Education U.T of J&K, with a request to circulate it in all the schools (government or private) and direct them to educate the students as well as their parents/guardians regarding these issues,” the court said.

It added that it would also request the Commissioner Secretary School Education to issue directives to all the schools and frame some policy like “No Vehicle policy for Minors” in education institutes.

“So as to contribute to this noble cause that may save many lives. As by allowing minor to drive we are only producing victims and violators and not responsible citizens,” the court observed.

Greater Kashmir
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