Srinagar: Special Mobile Magistrate (Traffic) Srinagar has convicted a man and sentenced him to three years simple imprisonment for an accident caused by his minor son.
As per Section 199A Motor Vehicle Act 1988, when the offence under the Act 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.
“Since, the accused (man) has pleaded guilty and does not want to avail the opportunity to defend himself, as such there is no need to proceed further with the trial,” said Special Mobile Magistrate (Traffic) Srinagar Shabir Ahmad Malik as per the judgment, a copy of which lies with news agency GNS.
“Therefore, keeping in view the facts and circumstances and the statement of the accused person wherein he pleaded guilty, the accused person is accordingly convicted for the commission of offence under section 199A M.V Act and I propose to sentence him to three (3) years simple imprisonment and twentyfive thousand rupees (25,000) of fine.”
However, the Special mobile magistrate (Traffic) gave the benefit of probation to the violator, underling that the offence committed by him does not involve any moral turpitude and the violator has not been previously convicted.
“Therefore, considering the facts and circumstances the accused is directed to execute a bond to the tune of rupees 30,000 for keeping peace and good behaviour for the period of One (1) year,” the court said, adding, “In case violation of any condition of bond during that period of One (1) year, the accused shall receive the proposed sentence.”
The court said that underage driving is one of the major causes of traffic snarls and causes danger to other motorists and pedestrians on the roads.
“Minors are often found driving bikes, Scooters etc. They hide behind cars or heavy vehicles to escape the police at signals and if Police chase them, they may fall or skid, that can result in injuries or even death,” the court said, adding, “It is important for us to realize that we all are responsible as a society.” Parents and guardians are responsible for providing vehicles to their minor children, principals/Teachers/in charge of education institutes/coaching centers are responsible for allowing minor students to use the vehicle.
“It is observed many times that students driving the vehicle, riding bikes in and around schools or crowded places resulting accidents/loss of lives,” the court said, adding, “It is the first and foremost duty of parents not to provide their minor children with any vehicle unless they attain majority and have a licence to drive the vehicle. It is also the duty of Principals/Teachers not to allow the minor students to drive the vehicles and impart education regarding these issues.”
The court directed that a copy of the judgment be forwarded to the Commissioner Secretary School Education of J&K “with a request to circulate it in all the schools (government or private)”. He also directed them to educate the students as well as their parents and guardians regarding these issues.
