Sessions court asks trial court to reconsider ‘improper’ order
20 Nov 2012 1:56 AM GMT
A trial court has been asked by the sessions court to reconsider its order for five days’ jail term to a man for drunken driving on his plea that he had pleaded guilty to the offence without consulting his advocate.
In his appeal, north-west Delhi resident Umeet Kumar, who had been sentenced to a fine of Rs 3,400 too, had contended that his guilt plea too was not recorded separately by the trial court.
Additional Sessions Judge VirenderKumarGoyal ordered reconsideration of the case after examining the summary trial register which did not specifically said that convict had pleaded guilty.
‘Photocopy of summary trial register was called, in which, in an entry dated September 27, signatures of appellant (Kumar) are appearing only and nowhere it is mentioned that he had pleaded guilty to the sections charged against him.
‘So, to my mind, it was not appropriate and could not have been relied upon by the learned trial court that Kumar had pleaded guilty, when the words ‘I plead guilty’ are neither appearing in the summary trial register nor in the traffic challan receipt (TCR) anywhere, hence, the impugned order is not sustainable in the eyes of law.
‘The same being improper is hereby set aside,’ the judge said.
In his appeal, north-west Delhi resident Umeet Kumar, who had been sentenced to a fine of Rs 3,400 too, had contended that his guilt plea too was not recorded separately by the trial court.
Additional Sessions Judge VirenderKumarGoyal ordered reconsideration of the case after examining the summary trial register which did not specifically said that convict had pleaded guilty.
‘Photocopy of summary trial register was called, in which, in an entry dated September 27, signatures of appellant (Kumar) are appearing only and nowhere it is mentioned that he had pleaded guilty to the sections charged against him.
‘So, to my mind, it was not appropriate and could not have been relied upon by the learned trial court that Kumar had pleaded guilty, when the words ‘I plead guilty’ are neither appearing in the summary trial register nor in the traffic challan receipt (TCR) anywhere, hence, the impugned order is not sustainable in the eyes of law.
‘The same being improper is hereby set aside,’ the judge said.
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