Srinagar: A Srinagar court has sentenced a man to three years’ simple imprisonment for allowing a minor to drive his vehicle but suspended the sentence under the Probation of Offenders Act, holding that the ends of justice would be served by giving the first-time offender an opportunity for reform.
According to a judgement copy available with Kashmir Dot Com, the court of Special Mobile Magistrate Shabir Ahmad Malik passed the order after Haroon Khan, a resident of Fateh Kadal, Srinagar, pleaded guilty to permitting a minor to drive his vehicle.
The case came to light after Srinagar Traffic Police intercepted a minor driving a vehicle bearing registration number JK01AT-2978. A challan was subsequently filed against Khan, the registered owner of the vehicle, under Sections 199-A and 5 read with 180 of the Motor Vehicles Act, 1988.
Section 199-A creates a statutory presumption of guilt against the guardian of a juvenile or the owner of a vehicle when an offence under the Act is committed by a minor. Stressing the legislative mandate, the court observed that when an offence is committed by a juvenile, “the guardian of such juvenile or the owner of the motor vehicle shall be deemed to be guilty and shall be liable to be proceeded against and punished accordingly.”
During the proceedings, Khan chose not to contest the allegations and voluntarily pleaded guilty. Recording the plea, the Magistrate noted that there was no necessity to proceed with a trial.
For the offence under Section 199-A, the court proposed a sentence of three years’ simple imprisonment and imposed a fine of ₹25,000. It also directed cancellation of the vehicle’s registration certificate for one year. For the violation under Section 180, the court proposed an additional three months’ simple imprisonment and a fine of ₹1,000, with both sentences ordered to run concurrently.
However, taking note of the offender’s antecedents and the nature of the offence, the court extended the benefit of probation. The Magistrate observed that the offence did not involve moral turpitude and that the accused had no previous conviction, making him a fit case for reformative treatment under the Probation of Offenders Act.
Accordingly, the court released Khan on probation upon execution of a bond of ₹2 lakh to maintain peace and good behaviour for two years. Any breach of the bond conditions during this period would result in the immediate execution of the proposed sentence.
The court also ordered the release of the vehicle and seized documents in favour of the owner and clarified that the conviction would not operate as a disqualification for public or private employment or adversely affect passport verification.
The Union Territory of Jammu and Kashmir was represented by Assistant Public Prosecutor Angad Shaan, while advocate Rayees Ahmad Lone appeared for the accused. (KDC)
