In a first in Manipur, Chief Judicial Magistrate, Imphal West judge Alex Muivah on Saturday sentenced a man to one-month simple imprisonment for rash driving on a public way under section 279IPC.
Ningthoujam Doren Singh, 42, son of N Surchand Singh of Leimaram Mayai Leikai was convicted on July 1 for the offence under Section 279 of IPC.
On May 30, 2015 at around 4.30 pm, a Maruti Alto Car bearing Regn. No. ML05G/1338 which was coming from Moirang side towards Imphal side, hit a woman pedestrian in front of Galaxy Senior Secondary School, Sangaiprou along NH-15. The incident was alleged to be due to rash and negligent driving on the part of Alto Car driver, Ningthoujam Doren, thereby causing injury to the pedestrian. Following the incident, the Lamphel police station, under section 279/338 IPC, registered an FIR.
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During the sentence hearing, APP for the state submitted that the convict be awarded a maximum sentence of six months' imprisonment and impose a fine of Rs1,000. Further, the APP submitted that such realistic sentencing is important so as to deter any other potential offenders who have no regard for the pedestrian due to rash and negligent driving.
Meanwhile, the counsel of the convict stated that, from the moment of accident, he has extended all cooperation to the victim and in the investigation too. The counsel brought to the attention of the court that the accused had voluntarily borne medical expenses of the victim and had assisted the victim in all possible lengths.
The counsel prayed the court for leniency while awarding sentence by imposing only fine and not to sentence him to prison as the convict is now a reformed person, even though he has no other criminal antecedents.
It may be noted that section 279 IPC read as, “Rash driving or riding on a public way. Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”
Though the court stated that from the fact that the accused has no previous records of commission of the same type of offence in the case, inclined to show some leniency to the accused person while awarding sentence.
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After having heard both the counsels and the observations made, including the judgments of Supreme Court of India and considering the mitigating factors submitted by the convict's counsel, the court inclined to award one-month simple imprisonment against the convict for committing the offence under section 279 IPC.
The court further stated that the sentence shall remain suspended for a period of one month from the date of the order thereby the convict is given the opportunity to approach the higher court in case he wants to challenge the judgment and sentence awarded. Unless the judgment is set aside or the sentence is altered, the accused should surrender before the court on August 2, 2022, the court said.
