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Delhi District Court

Mukesh Kumar vs State on 20 August, 2018

CA No. 296/18


                  IN THE COURT OF SH. GAUTAM MANAN, ASJ-SFTC
                  (SOUTH-WEST) DWARKA COURTS:NEW DELHI

Criminal Appeal No. 296/2018


Mukesh Kumar
S/o Sh. Bhanu Ram
RZ-H-4/36, Mahavir Enclave,
Palam Village, New Delhi                            ........... Appellant

 Versus

State                                               .......... Respondent


                                            Date of Institution :           17.08.2018
                                            Date of Arguments:              20.08.2018
                                            Date of Decision :              20.08.2018

                                      JUDGMENT

Appeal has been preferred against the order dated 22.06.2018 passed by Ld. M.M.-03, South West District, Dwarka. Case of prosecution is that appellant was driving two wheeler in drunken state at about 19:10 hrs and he was challaned u/s 185 M.V. Act, 3/181 MV Act, under 146/196 & 115/190 MV Act, as on Breath Alcohol Analysis Test, alcohol content to the extent of 550 mg/100 ml. in the blood was found as permissible limit is 30mg/100ml.

Appellant pleaded guilty. He has been sentenced to simple imprisonment for 5 days u/s 185 M.V. Act and a fine of Rs.500/-each for offence under Section 3/181, 146/196, 115/190 & 185 MV and in default of payment of fine SI for 02 days. Fine stands deposited with Ld. Trial Court.

Delay in filing of appeal stands condoned.

Ld. Counsel has submits that appellant is poor man, he is first time offender and has clean antecedents and is the sole bread earner of his family. Ld. Counsel for the appellant has further submitted that the whole life of the appellant would be spoiled in the company of hard core criminals, if he is sent to jail.

Considering the facts and circumstances of the case, the fact that appellant has no criminal antecedents and has shown remorse, order dated 22.06.2018 is modified to the extent that convict is sentenced of simple imprisonment for three days instead of 5 days for offence punishable under Section 185 MV Act and to pay fine of Rs. 500/-. Conviction is maintained and sentence is partially modified. Fine already deposited by the appellant.

Appeal is disposed off accordingly.

Trial Court Record be sent back along with copy of order. Appeal file be consigned to record room.

Announced in open court                      GAUTAM     by GAUTAM
                                                        MANAN
                                             MANAN      Date: 2018.08.21
on 20.08.2018                                           16:28:35 +0530

                                         (GAUTAM MANAN)
                                        ASJ (SFTC) /SOUTH WEST
                                        DWARKA COURTS:DELHI




Mukesh Vs State                                                            Page 2 of 2