Srinagar, June 14: A court in Jammu and Kashmir’s Srinagar has convicted a father for allowing his minor son to drive a vehicle and proposed a sentence of three years’ imprisonment. However, considering various mitigating factors, the court extended the benefit of the Probation of Offenders Act after the accused pleaded guilty and did not contest the case.
In a significant ruling aimed at enforcing road safety laws, the Court of the Special Mobile Magistrate (Traffic), Kashmir, Srinagar, convicted a vehicle owner for permitting a minor to drive a motor vehicle, holding him guilty under Sections 199-A and 180 of the Motor Vehicles Act, 1988.
According to the case record, a minor was found driving a vehicle bearing registration number JK01AT-2978. The vehicle was owned by Haroon Khan of Fateh Kadal, Srinagar, who admitted ownership and appeared before the court through counsel after traffic authorities filed a challan against him.
The court observed that Section 199-A of the Motor Vehicles Act presumes the guardian or owner of a vehicle to be responsible when a juvenile commits an offence under the Act.
The provision also prescribes stringent penalties, including imprisonment, a fine and cancellation of the vehicle’s registration.
During the proceedings, the accused pleaded guilty and did not seek a trial. After recording his statement, the court held him guilty of the offences and convicted him accordingly.
The court proposed a sentence of three years’ simple imprisonment and a fine of Rs 25,000 under Section 199-A, along with three months’ simple imprisonment and a fine of Rs 1,000 under Section 180 of the Motor Vehicles Act.
It further ordered cancellation of the vehicle’s registration certificate for one year, with both sentences to run concurrently.
However, considering that the offence did not involve moral turpitude, that the accused had no previous conviction, and taking into account his age and antecedents, the court extended the benefit of the Probation of Offenders Act.
The accused was directed to execute a bond of Rs 2 lakh for maintaining peace and good conduct for a period of two years. The court warned that any violation of the bond conditions would result in the accused serving the proposed sentence.
The court also ordered the release of the vehicle and related documents in favour of the registered owner and clarified that the conviction shall not operate as a disqualification for public or private employment, passport verification or similar purposes.
The judgment was delivered by Shabir Ahmad Malik, Special Mobile Magistrate (Traffic), Kashmir, Srinagar.–(IANS)
