Delhi District Court
State vs Rakesh Kumar on 3 September, 2012
IN THE COURT OF SH. MUNEESH GARG
METROPOLITAN MAGISTRATE
KARKARDOOMA COURTS, DELHI
State V/s Rakesh Kumar
FIR No. 219/08
U/s 9B Explosive Act
PS Farsh Bazar
JUDGMENT
a. Unique ID Number of the case : R0215952009 b. Sl. No. of the case : 34/03 c. Date of commission of offence : 25.10.2008 d. Date of institution : 29.07.09 e. Name of complainant : ASI Asha Ram f. Name & address of accused person : Rakesh S/o Sh. Niyadar Mal Gupta R/o House No. 352 B, Gali no. 10, Maniram Mandir Road, Bholanath Nagar, Shahdara, Delhi.
g. Offence complained of : U/s 9B Explosive Act, 1884.
h. Plea of accused : Pleaded Not Guilty i. Arguments heard on : 03.09.2012 j. Final order : Convicted k. Date of Judgment : 03.09.2012
BRIEF STATEMENT OF REASONS FOR DECISION:
1. Briefly stated the case of the prosecution is that on 25.10.2008 at 08:00 p.m. at shop no. 352 B, Gali no. 10, Maniram Mandir Road, Bholanath Nagar, Shahdara, Delhi within the jurisdiction of PS Farsh FIR No. 219/08 Pg No. 1/4 Bazar, accused Rakesh found in possession of fire crackers in the abovesaid shop without having any licence and thereby committed an offence U/s 9B of the Explosive Act.
2. After completion of investigation, charge-sheet was filed.
During trial accused pleaded guilty for the offence U/s 9B of the Explosive Act. He has been explained the accusation and warned of the consequences. Despite warning, the accused insisted on his admission. It is held in State of Maharashtra Vs. Dhruwa Woolen Mills Pvt. Ltd. 1991 Cr.L.J 3141 (Bom) that:
" If the substance of accusation is properly explained to the accused and the accused understands fully the implication of the charge and pleads guilty, the Magistrate can record such plea and convict the accused on accepting such plea."
In my view, the plea of guilt of the accused is voluntary and made without any force and pressure. Therefore, accepting the plea of guilt, I convict the accused namely Rakesh for offence U/s 9B of Explosive Act.
Announced in the (Muneesh Garg)
open court on dated 03.09.2012 MM Karkardooma Courts,
Delhi. 03.09.2012
FIR No. 219/08 Pg No. 2/4
ORDER ON POINT OF SENTENCE
I have heard Ld. APP for the State and the Ld. Counsel for the convicts namely Rakesh on point of sentence. It is submitted by the Ld. Counsel for the convict belong to respectable family of the society. It is also submitted on behalf of Convict that he is the sole bread earner in his family. Convict submit that he is a person of clean antecedents. Convict also undertake that he shall remain careful in future. Convict request for a lenient view.
Heard.
Keeping in view all the facts and circumstances, the antecedents and the inclination of the accused to improve his behaviour to live in the society as a law abiding citizen and also considering the change of philosophy of punishment in modern era, changing its orientation from retribution to restitution, treating the accused as patient who needs treatment rather than punishment and considering principles of criminal justice system that aims to reduce the criminality from the society for larger interest; the court is of considered view that a lenient view is warranted in these circumstances.
Considering the socio-economic condition of the convict and the fact that the convict has family to be looked after and he want to repent, convict is sentenced to pay a fine of Rs. 1,000/- each U/s 9B of Explosive Act.
Fine Paid.
Bail bond stands cancelled and surety bond stands discharged. Document, if any, be released after cancellation of endorsement, if any, to the person entitled.
FIR No. 219/08 Pg No. 3/4Copy of the judgment and of the order of sentence be given dasti to the accused persons at free of cost.
File be consigned to record room after due compliance.
Announced in the open court on dated 03.09.2012 (Muneesh Garg) MM, Karkardooma Courts, Delhi.
03.09.2012 FIR No. 219/08 Pg No. 4/4