Delhi District Court
3.Title :State vs . Kishore Raj S/O on 3 January, 2011
IN THE COURT OF SHRI RAJESH MALIK : MM (WEST) 05
TIS HAZARI COURTS : DELHI
1.Vehicle No. :DL1PA 7885
2.Unique Case ID No. :02401R0972022005
3.Title :State Vs. Kishore Raj S/o
Kewal Raj R/o 25 Sawan Park,
Delhi.
4.Date of institution of challan :10.01.05
5.Date of Reserving judgment :03.01.11
6.Date of pronouncement :03.01.11
7.Date of commission of offence :08.11.04
8.Offence complained of :Under Section 66/192A M V
Act
9.Offence charged with :Under Section 66/192A M V
Act
10.Plea of the accused :Pleaded not guilty
11.Final order :Convicted Under Section
66/192A M V Act
BRIEF REASONS FOR THE DECISION OF THE CASE:
1. In brief the case of the prosecution is that on 08.11.04 at about 3.40 pm, accused Kishore Raj was driving blue line bus no.DL1PA 6885 1/5 route no.157 Ashok Vihar to Palika Bazar and he stopped his bus in front of Chaddha Printer House without there being a designated bus stop and he was also found picking and dropping the passengers therefrom in violation of directions of Hon'ble Supreme Court of India and thereby, he committed offence Under Section 66/192A M V Act .
2. Charge sheet was filed in the court and after compliance of Section 207 Cr.P.C and hearing parties, Notice of accusation was explained to the accused to which he pleaded not guilty and claimed trial.
3. Prosecution in order to prove its case in total examined as many as two witnesses.
PW1 SI Subhash Chander deposed that on 08.11.04 at about 3.40 pm, he was on duty at DBG Road and he saw bus no. DL1PA 6885 rout no. 157 Ashok Vihar to Palika Kendar coming from Anand Parbat and and the driver stopped the bus without designated stand and started picking dropping the passengers there. He further deposed that he challaned the bus under Section 66/192A of M.V.Act which is violation of directions of Hon'ble Supreme Court of India in the presence of Ct. Narender Kumar. The challan was Ex.PW1/A. The bus was impounded under Section 207 M V Act.
PW2 Ct. Narender deposed that on 08.11.04 at about 3.40 pm, he along with SI Subhash Chand were on duty and they saw bus no. DL1PA 2/5 6885 rout no.157 Ashok Vihar to Palika Kendar coming from DBG Road and and the driver stopped the bus without designated stand and started pickingdropping the passengers there. He further deposed that ZO challaned the bus under Section 66/192A of M.V.Act which is violation of directions of Hon'ble Supreme Court of India in his presence.
4. No other pw was examined . PE was closed. Accused was examined u/s 281 Cr.P.C wherein accused submits that he is innocent and has been falsely implicated in this case. However, he denied to lead any evidence in defence.
5. I have heard Ld. APP for the State and Ld. Counsel for the accused and gone through the entire record carefully.
6. It is observed that all the two PWs examined by the prosecution have categorically deposed that on 08.11.04 at about 3.40 pm, accused Kishore Raj was driving blue line bus no.DL1PA 6885 route no.157 Ashok Vihar to Palika Bazar and he stopped his bus in front of Chaddha Printer House without there being a designated bus stop and he was also found picking and dropping the passengers therefrom in violation of directions of Hon'ble Supreme Court of India.
7. It is further observed that despite opportunity granted to the accused, none of the witnesses examined by the prosecution have been cross examined by accused.
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8. It is further observed that all the witnesses examined by the prosecution stood firm in the their testimonies and the defence has not been able to create any dent in the testimonies of the prosecution witnesses.
9. Thus, on the basis of the discussion aforesaid, I am of the considered view that the prosecution has been successful in proving its case beyond all reasonable doubts. Accordingly, the accused is convicted of offence under Section 66/192A M V Act.
Be heard separately on point of sentence.
Announced in the open ( RAJESH MALIK )
Court on 03.01.11 MM ( West)05/DELHI
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State Vs. Kishore Raj
Vehicle No. DL1PA 6885
10.01.11
Present: Ld. APP for the State.
Accused in person with counsel.
The matter was listed for final arguments.
Final arguments heard.
Vide my separate judgement dictated and announced in the open court, the accused is convicted for offence under Section 66/192A M V Act.
Arguments on sentence heard.
Learned APP for the state requested for a strict view. Accused states that he is having wife, children and old parents to be maintained by him. He undertakes that he will not commit the offence in future and prays for lenient view.
Keeping into consideration the facts and circumstances of the case, the convict is sentenced to pay a fine of Rs. 1000/- for offence under Section 66/192A M V Act in default of payment of fine, Simple Imprisonment for 10 days. Fine paid.
Surety discharged, endorsement if any be cancelled, documents if any be returned.
File be consigned to records after due compliance. Copy of judgement and copy of order on point of sentence be provided to the convict free of cost.
(Rajesh Malik) MM ( West)-05/ DELHI 5/5