Delhi District Court
State vs Sita Devi on 21 February, 2012
IN THE COURT OF MS. SHUCHI LALER
METROPOLITAN MAGISTRATE - 04 : EAST:
KARKARDOOMA COURT : DELHI.
FIR No. 133/05
U/s 61/1/14 Punjab Excise Act
PS Vivek Vihar
STATE Vs SITA DEVI
JUDGMENT:
A Sr. No. of the case 02402R 0338982005 B Date of institution 23.06.2005 C Date of commission of 21.04.2005 offence D Name of the complainant Ct. Naresh Pal E Name of the accused & Sita Devi W/o Sh. Harnam Singh, R/o his parentage and address 28/129, Kasturba Nagar, Delhi. F Offence complained of U/s 61/1/14 Punjab Excise Act G Plea of the accused Pleaded guilty H Order Reserved on 21.02.2012 I Final order Convicted J Date of such order 21.02.2012 BRIEF FACTS AND REASONS FOR DECISION
1. The prosecution case, in brief, is that on 21.04.05 at 06:25 p.m. at near Gurudwara main road, Kasturba Nagar, the accused Sita Devi was found in possession of 9 liters of country made liquor without any licence or permit. After investigation, challan was filed by the police.
2. On conclusion of investigation, charge sheet was filed and copy was supplied to accused. The charge has been framed against the accused to which she has not pleaded guilty and has claimed trial.
3. Today when the matter was listed for prosecution evidence, the accused Sita Devi stated that she wishes to plead guilty. Separate statement of accused has been recorded.
4. In view of the plea of guilt of the accused, the accused Sita Devi is convicted for the offence u/s 61 of Punjab Excise Act.
Announced in the open court (SHUCHI LALER) today itself. MM/EAST/KKD/21.02.2012. FIR No. 133/05 U/s 61/1/14 Punjab Excise Act PS Vivek Vihar S/V Sita Devi 21.02.2012 Present: Ld. APP for state. Accused present on bail.
The accused has stated that she wishes to plead guilty. Accused has been explained the consequences of pleading guilty and she has been informed that his plea of guilt can be used against him as confession and she can be convicted solely on the basis of the same. However, the accused has voluntarily pleaded guilty.
In view of the plea of guilt of the accused, vide separate judgment, accused Sita Devi is convicted for the offence u/s 61 of Punjab Excise Act.
Arguments heard on the point of sentence. Accused has submitted that she is the only one to support her family. In these circumstances, a lenient view is accordingly taken. The accused Sita Devi is sentenced to fine of Rs.100 for the offence u/s 61 of Punjab Excise Act, in default, the accused shall undergo simple imprisonment of one day. Bail bond of accused shall remain in force and same shall not be discharged for a period of six months in view of Section 437A Cr.P.C.
File be consigned to Record Room.
(SHUCHI LALER) MM04/EAST/KKD/DELHI 21.02.2012 IN THE COURT OF MS. SHUCHI LALER METROPOLITAN MAGISTRATE - 04 : EAST:
KARKARDOOMA COURT : DELHI.
ORDER ON POINT OF SENTENCE Arguments heard on the point of sentence. Accused has submitted that she is aged around 62 years and he belongs to a poor family and she is the only bread earner of her family. In these circumstances, a lenient view is accordingly taken. The accused is sentenced to a fine Rs. 100/ for the offence U/S 61 Punjab Excise Act, in default the accused shall undergo Simple Imprisonment of One Day. Fine paid vide receipt no. 531627 dated 21.02.2012. Case property be confiscated to the State, as per rules.
Announced in the open court (SHUCHI LALER) today itself. MM/EAST/KKD/21.02.2012