Delhi District Court
Pyare Lal vs The State (Nct Of Delhi) on 16 January, 2013
IN THE COURT OF SH. RAKESH KUMAR
ADDL. SESSIONS JUDGE-02 (NORTH EAST)
KARKARDOOMA COURTS : DELHI
CA No.14/2012
Pyare Lal, S/o Asharfi Lal,
R/o Kalandar Colony, Seema Puri, Delhi. .....Appellant.
Versus
The State (NCT of Delhi) .....Respondent.
Date of filing of appeal : 20.12.2011.
Date of arguments. : 16.01.2013.
Date of judgment. : 16.01.2013.
JUDGMENT
1. Aggrieved by the judgment and the order on sentence dated 14.12.2012 passed by Ld. Special Metropolitan Magistrate, Mobile Court, BPB Act, Jaivihar Road, Lajpat Nagar-II, New Delhi Karkardooma Courts Delhi in a case bearing No.606/2012 titled as State Vs. Pyare Lal U/s 4(1) of B.P.B. Act, 1959, whereby convict (appellant herein) Pyare Lal was convicted in accordance with Section 5(5) of the Bombay Prevention of Begging Act, 1959 and ordered to be kept for one year in certified institution, the appellant has preferred the present appeal on 20.12.2012.
2. I have heard the respective rival submissions of Ld. Counsel for the appellant as well as of Ld. Addl. PP for the State/respondent and have also perused the entire material placed on record including the contents of the instant appeal particularly the grounds taken therein as well as the true copy of impugned judgment and order on sentence dated 14.12.2012.
3. During the course of arguments it is fairly conceded by Ld. Counsel for the appellant that so far as holding of appellant guilty is concerned, he has no grievance, so he does not want to contest the judgment on the point of conviction but he is only impugning the order on sentence on the ground that the quantum of sentence awarded to the appellant is harsh and further now the son of the appellant has come out to look after and maintain the appellant and he has also furnished an Pyare Lal Vs. The State (NCT of Delhi) (CA No.14/12) Page No. 1 of pages 3 affidavit to the effect that "he is ready to look after and maintain his father". The appellant has no previous record of conviction and he has already remained in the Certified Institution for a considerable period i.e. since 14.12.2012.
Per contra, as as per Ld. Addl. PP for the State, the appellant is a habitual bagger and he deserves no leniency. The punishment should be adequate to have deterrent impact on the society. The punishment awarded by Ld. Trial Court is adequate and the appellant deserves no leniency.
4. I have given my thoughtful consideration to the aforesaid rival submissions. Since, the appellant is not challenging the impugned judgment dated 14.12.2012 qua the conviction, so the same requires no interference, however, as regards to the quantum of sentence, I find that there is a substance in the plea of Ld. Counsel for the appellant that since now the son of the appellant has come out to look after and maintain the appellant and he has also furnished an affidavit to the effect that "he is ready to look after and maintain his father", the appellant deserves to be remained under the care and protection of his family and as such the appeal is allowed and accordingly the impugned judgment and order on sentence dated 14.12.2012 is modified and reduced to the extent that the order for keeping the appellant for the period of one year in certified institution is converted for the period already undergone by the appellant in this case in Certified Institution. The impugned judgment and order on sentence dated 14.12.2012 stands modified accordingly. The applicant be set at liberty, if he is no more required to be kept in the Certified Institution in any other case.
5. With this, the appeal stands disposed off.
6. Copy of this judgment be sent to the Ld. Trial Court for information.
7. Copy of this judgment be sent to the Certified Institution i.e. H.M.B.D, Sewa Kutir, Kingsway Camp, Delhi for information and necessary compliance.
8. Appeal file be consigned to Record Room after completion of necessary formalities.
(Announced in Open court on 16th January, 2012) (RAKESH KUMAR) Addl. Sessions Judge/North East Karkardooma Courts, Delhi Pyare Lal Vs. The State (NCT of Delhi) (CA No.14/12) Page No. 2 of pages 3 CA No.14/2012 Pyare Lal Vs. The State (NCT of Delhi) 16.01.2013 Present: Sh. Madan Pal Bharadwaj, Ld. Counsel for appellant.
Sh. Dharam Chand, Ld. Addl. PP for State/respondent. Arguments heard.
Put up at 4.00 p.m. (RAKESH KUMAR) ASJ-02 (NE)/KKD/DELHI 16.01.2013 16.01.2013 (at 4.00 pm) Present: As before.
Vide a separate judgment, appeal of the appellant stands disposed off.
Copy of this judgment be sent to the Ld. Trial Court for information.
Copy of this judgment be sent to the Certified Institution i.e. H.M.B.D, Sewa Kutir, Kingsway Camp, Delhi for information and necessary compliance.
Appeal file be consigned to Record Room after completion of necessary formalities.
As prayed, copy of the judgment be also given dasti to Ld. Counsel for the appellant.
(RAKESH KUMAR) ASJ-02 (NE)/KKD/DELHI 16.01.2013 Pyare Lal Vs. The State (NCT of Delhi) (CA No.14/12) Page No. 3 of pages 3