Delhi District Court
C/O Ms. Shashi Bala vs State on 11 December, 2018
IN THE COURT OF AJAY GOEL, ADDITIONAL SESSIONS
JUDGE/SPECIAL JUDGE (NDPS), DWARKA COURTS, NEW
DELHI.
Criminal Appeal No. 388/18
In the matter of:
Rakesh Vijay
S/o Shri Om Prakash Vijay,
Permanent R/o 45/109, Kiranpath,
Mansarover, Jaipur( Rajasthan)
Presently Residing at:
C/o Ms. Shashi Bala,
Flat No. 7, H.No. 203,
Kakrola Village,
Sector16B, Dwarka,
New Delhi ..... Appellant
Versus
State .... Respondent
Date of Institution of the Appeal : 18.10.2018
Date of Arguments : 29.11.2018
Date on which judgment was pronounced : 11.12.2018
JUDGMENT:
1. Vide this judgment, I shall dispose of the appeal filed by appellant against the impugned order dated 17.09.2018 passed by the Hon'ble Court of Shri Deepak KumarII, Ld. MM Dwarka, New Criminal appeal No. 388/18 Page No. 1/7 Delhi in traffic challan No. DWC3928049686918, Circle DWC, Vehicle bearing No. DL9SAN7968, whereby appellant has been sentenced to undergo S.I. for a period of 30 days and to pay a fine of Rs. 5,600/. In default of payment of fine further SI for a period of 07 days for offences punishable under section 3/181, 146/196, 115/190(2), 119/177 and 185 of M.V.Act and under section 5/180 of M.V.Act on behalf of the owner of the above said vehicle.
2. I have perused the file and I have gone through the arguments of the counsel.
3. In the present case, on 15.09.2018, at about 18:34 p.m. at road No. 209, at Sector8, Metro Station, appellant was found driving the vehicle bearing No. DL9SAN7968 between Shyam Mandir Pochanpur to Sector1617, Dwarka Crossing, without any valid driving licence, insurance, pollution under control Certificate and under the influence of alcohol and his blood alcohol content was found to be 188 mg/100 ml over and above the prescribed limit of 30 mg/100 ml.
4. Ld. Trial Court has rightly observed that convict caused potential Criminal appeal No. 388/18 Page No. 2/7 danger to the life and safety of himself and other road users. The act of appellant shows that he has no respect for traffic rules and regulations which are made for safety of road users.
5. In the judgment passed by HMJ Kailash Gambhir, Delhi High Court in Sanjeev Nanda's case, it was held that "Such a drunkard driver is no less than a live human bomb prepared to blast himself and innocent people on roads and pavements".
6. In another judgment passed by Alister Anthony Pariira vs State of Maharashtra (2012) 2 SCC 648, it was held that "World Health Organization in the Global Status Report on Raod Safety has pointed out that speeding and drunk driving are the major contributing factors in road accidents. Accordingly to National Crime Records Bureay (NCRB), the total number of deaths due to road accidents in India every year is now over 1,35,000. NCRB Report also states drunken as a major factor for road accidents. Our country has a dubious distinction of registering maximum number of deaths in road accidents.
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7. Such type of persons/ drunkards do not realise that their such act can cause accident which may result in permanent disability or even death of any innocent person. While drinking and driving vehicle under intoxication state, they do not think or care about the consequences, perils and repercussions of their act. They even do not realise that they themselves may be permanently disabled or may die. They do not realise as to how much efforts have been made by their parents to upbring them and what will happen to the parents/family of drunken person or the parents/family of persons who suffer injury at their hands.
8. So on all counts, the Ld. Trial Court has rightly passed the impugned judgment of conviction.
9. With these observations, the present appeal stands dismissed qua conviction as there is no illegality and infirmity in the judgment and same is upheld.
10. At this stage, Ld. Counsel for appellant as well as appellant in person have now made submissions regarding the quantum of sentence. Arguments heard on sentence. It has been submitted that Criminal appeal No. 388/18 Page No. 4/7 accused /appellant herein is aged about 49 years of age. It is stated that he is married and has children which is to be maintained by him. It is stated that this is his first default. It is also submitted that appellant is repenting over the incident and felt sorry and prayed that his sentence be reduced to some extent.
11.The arguments addressed on behalf of appellant with respect to reduction of sentence is opposed by Ld. APP for the state.
12. It is observed that appellant is not previously convict and he has the responsibility towards his family. He is already repenting over the incident happened and wants to reform himself. Sending the appellant behind the bars will serve no purpose and will convert him in hardcore criminal. It has come on record that this is his first default. He has his future and career ahead.
13.Though appellant can be sent to JC to serve the sentence as per law but same is not going to serve any purpose as such type of persons are required to understand their responsibility being responsible citizen of country. Sending them behind the bars would not bring good sense in him. Just following the law as mentioned in the Criminal appeal No. 388/18 Page No. 5/7 books will not serve any purpose as instead of being technical some other mode of punishment is required.
14. Accordingly, in view of the above observation, the present appeal stands accepted qua conviction. The sentence of accused is hereby modified and he is sentenced to stand in the court room till rising of Court. Appeal is accepted to that extent. Appellant is directed to do some social duty. Accordingly, appellant is directed to perform duty under Chowki Incharge, Dwarka Courts, New Delhi for two hours i.e. from 10 am to 12 noon for 5 days after showing this order who can assign him duty in traffic management or any appropriate/suitable work. Appellant is also required to do some charitable service by way of imposition of cost and said amount can be used for welfare of needy children. It has been stated that one NGO is working in Dwarka who is involved in the free education to the destitute children, hence appellant is directed to deposit cost of Rs. 5000/ payable to Sadhavi Manisha Bharti Ji, available at E121122, Sector1, Opp. Mahalaxmi Apartment, Dwarka, New Delhi, having Mob. No. 9910489749. Receipt of Criminal appeal No. 388/18 Page No. 6/7 cost be filed on record within a week by appellant. The Driving Licence of appellant shall remain suspended for three months. During the course of arguments he was asked as to from where he gets the wine and beer to which he has stated that his wife is working in CRPF and he gets the quota of same from her wife. In these circumstances, the copy of order be sent to CRPF Head Quarter after getting the address and post of wife of accused/appellant and the CRPF Head Quarter will stop the quota of wine etc. allotted to her for the next one year.
15.The appeal stands disposed of accordingly. Copy of this judgment be sent to Ld. Trial Court with TCR. Copy of this judgment be given free of costs to appellant. Appeal file be consigned to record room. Digitally signed by AJAY AJAY GOEL Date:
GOEL 2018.12.14
13:15:36
+0530
Pronounced in the open court. (Ajay Goel)
Dated : 11.12.2018 ASJ/Spl. Judge(NDPS),
Dwarka Courts, New Delhi.
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