The Kerala High Court in the case State v. Roshan Shiju observed and has sentenced a person to pay the fine for an amount of R. 34,000/- and simple imprisonment till the rising of court, in order to pertain his minor brother for riding the motorcycle of him that too without displaying the registration mark on the front and back side of the vehicle.
The Ernakulam Additional Chief Judicial Magistrate Naina K.V. in its order stated that the registration of the vehicle would be cancelled for the period of 12 months and that the license of the accused would stand cancelled for the period of three months.
It has also been alleged before the court that the juvenile rode the accused’s motorcycle with the consent of latter and knowledge, without having the registration mark which is displayed on the front and back of the vehicle. It was further alleged that no sari guard, thus, the direction indicator lamp or rear-view mirrors were fitted on the vehicle.
Therefore, the accused in the case pleaded guilty in the said matter.
In the present case, the court convicted him under Section 248 (2) of the Code of Criminal Procedure, 1973 wherein in any case under the said chapter, the Magistrate in the case finds the accused guilty and does not proceed in accordance with the provisions as stated under section 325 and section 360 wherein he shall after hearing the said accused on the question of sentence, pass sentence upon him according to law.
Further, the accused in the case was punished as stated under section 199A, the offences by juveniles, section 199(4), the cancellation of registration of the motor vehicle used in the commission of the offence by a juvenile for a period of twelve months, section 180, allowing the unauthorized persons to drive vehicles’ and section 194 ( c ), the ‘Penalty for violation of safety measures for motor cycle drivers and pillion riders’ and the Rules of 102 (1), ‘Signalling devices, direction indicators and stop lights’, section 125 (2), all the motors vehicles needs to be equipped with rear view mirror’ of the Central Motor Vehicles Rules read with Section 177 of the Motor Vehicles Act, 1988, the General provision for the punishment of offences.
The counsel, Assistant Public Prosecutor Sr. Grade M.S. Aromalunni appeared in the present case.