Delhi District Court
Vipin Kumar vs The State on 14 October, 2019
IN THE COURT OF AJAY GOEL, ADDITIONAL
SESSIONS JUDGE/SPECIAL JUDGE (NDPS), DWARKA
COURTS, NEW DELHI.
Criminal Appeal No. 379/19
In the matter of:
Vipin Kumar,
S/o Sh. Rohtash,
R/o RZ-B-23, Nand Ram Park,
New Delhi. .... Appellant
Versus
The State
(Govt. of NCT of Delhi) .... Respondent
Date of Institution of the Appeal : 03.09.2019
Date of Arguments : 14.10.2019
Date on which judgment was pronounced : 14.10.2019
JUDGMENT:
1. Vide this judgment, I shall dispose of the appeal filed by appellant against the order of conviction dated 08.08.2019 whereby Ld. Trial Court convicted the accused/appellant herein for offences U/s 185 of M. V. Act and was sentenced to pay fine of Rs. 2700/- in total and was further sentenced to SI for three days for said Criminal appeal No. 379/19 Page No. 1/7 offence.
2. I have perused the file and I have gone through the arguments of the counsel.
3. In the present case, the appellant herein was found driving a two wheeler in a drunken state without helmet at about 08.45 p.m. on 07.08.2019. The perusal of order under challenge further shows that appellant failed to produce without valid licence, insurance and pollution.
4. From perusal of record, it is observed that Breath Alcohol Analysis Report of accused shows that alcohol content in the blood of the accused /appellant is as high as 118 mg per 100 ml though the minimum permissible limit is 30 mg per 100 ml.
5. Ld. Trial Court has rightly observed that convict caused potential 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.
6. Ld. Trial Court has rightly relied upon judgment Criminal appeal No. 379/19 Page No. 2/7 passed by HMJ Kailash Gambhir, Delhi High Court in Sanjeev Nanda's case and same is fully applicable to the present case. In said judgment, 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".
7. Ld. Trial Court has also rightly relied upon judgment passed by Alister Anthony Pareira vs State of Maharashtra (2012) 2 SCC 648 and same is fully applicable to the present case. In said judgment, it was held that "World Health Organization in the Global Status Report on Road Safety has pointed out that speeding and drunk driving are the major contributing factors in road accidents. Accordingly to National Crime Records Bureau (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 Criminal appeal No. 379/19 Page No. 3/7 deaths in road accidents.
8. 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.
9. So on all counts, the Ld. Trial Court has rightly passed the impugned judgment of conviction.
10. With these observations, the present appeal stands dismissed qua conviction as there is no illegality and infirmity in the judgment and same is upheld.
11. At this stage, Ld. Counsel for appellant as well as appellant in person have now made submissions Criminal appeal No. 379/19 Page No. 4/7 regarding the quantum of sentence. Arguments heard on sentence. It has been submitted that accused /appellant herein is aged about 34 years of age. It is stated that he is married and having family consisting her daughter and old age parents, which are 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.
12. The arguments addressed on behalf of appellant with respect to reduction of sentence is opposed by Ld. APP for the state.
13. 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 apart from responsibilities towards his dependents.
14. Though appellant can be sent to JC to serve the Criminal appeal No. 379/19 Page No. 5/7 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 the appellant behind the bars would not bring good sense in him. Just following the law as mentioned in the books will not serve any purpose as instead of being technical some other mode of punishment is required.
15. 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 Gurudwara, situated at Arya Samaj Road, Uttam Nagar, New Delhi-59 for two hours i.e. from 09.00 am to 11.00 am for 7 days after showing this order and Gurudwara Committee concern can assign him any duty/Sewa in Gurudwara or any appropriate/suitable work. Report be filed on record by Gurudwara regarding Criminal appeal No. 379/19 Page No. 6/7 duty performed by appellant. The Driving Licence of appellant shall remain suspended for three months. 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 AJAY be consigned to record room. GOEL Digitally signed by AJAY GOEL Date: 2019.10.15 13:18:53 +0530 Pronounced in the open court. (Ajay Goel) Dated : 14.10.2019 ASJ/Spl. Judge(NDPS), Dwarka Courts, New Delhi.
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