LAWS(BOM)-1978-2-8

STATE OF MAHARASHTRA Vs. BAPURAO BABURAO DIKLE

Decided On February 24, 1978
STATE OF MAHARASHTRA Appellant
V/S
BAPURAO BABURAO DIKLE Respondents

JUDGEMENT

(1.) This is an appeal by the State forenhancement of sentence.

(2.) The respondent accused on his having pleaded guilty jto the charge for an offence under section 16 (1) read with sections 3 and 4 of the Bombay Motor Vehicles Act, has been sentenced by the learned Judicial Megistrate, First Class, Osmanabad, to pay a fine of Rs. 25/- or in default to suffer S. I. for one week.

(3.) Briefly stated the case of the prosecution was that the respondent accused had not paid the tax on his motor vehicle No. MHB 5289 from 1 st September 1974 and, therefore, the Assistant Inspector of Motor Vehicles, Regional Transport office, Aurangabad filed a complaint in the Court of Judicial Magistrate. F C. at Osmanabad. The complaint was read out and explained to the accused. He pleaded guilty to the charge. The learaed Magistrate thereupon accepted the plea of the accused and by observing that since the tax is paid before the complaint was filed, after convicting the accused for the offence under section 16 (1) read with sections 3 and 4, of the Bombay Motor Vehicles Act, sentenced him to pay a fine of Rs. 25/-