SUNIL KUMAR MISHRA V. STATE OF DELHI

In The High Court of Delhi.

Case No: CRL. REV. P. 494 of 2017

Decided on: March 12th, 2020.

Introduction:

The Hon'ble Delhi High Court holds debarment from obtaining Driving License for Life as Excessive Sentence in Death by Rash Driving.

Facts of the Case:

• Petitioner is a driver and the sole bread earner of his family, Petitioner survives and earns his livelihood by driving only
• Petitioner was convicted by the Trial Court of the offences punishable under Sections 279/304-A of the Indian Penal Code (IPC for short) and sentenced to undergo rigorous imprisonment for a period of six months for the offence under Section 279 IPC and rigorous imprisonment for the period of 18 months under Section 304A IPC.
• The Appellate Court, in the appeal filed by the petitioner, considering mitigating circumstances and also the family condition of the petitioner, while upholding the order on conviction, modified the order on sentence and sentenced the petitioner to pay a fine of Rs. 1000/- for the offence under Section 279 IPC and in default of payment of fine to undergo simple imprisonment for a period of 8 days and sentenced the petitioner to undergo rigorous imprisonment for a period of 12 months for the offence under Section 304A IPC, instead of 18 months, Hence this present appeal.

Judgment:

 Justice Sanjeev Sachdeva Observed:

            ''Keeping in view the facts and circumstances of the case, interest of justice would be served, in case, the sentence awarded by the Appellate Court of cancellation of the driving license of the petitioner and debarring him from obtaining any driving license throughout his life, is modified to the extent that the driving license of the petitioner is cancelled for the class and description of  medium and heavy goods and medium and heavy passenger vehicle and he is debarred from obtaining a driving license for medium and heavy goods and medium and heavy passenger vehicle. For obtaining a driving license of other description of vehicles he shall have to undergo a fresh test of competence to drive.''

Conclusion:   

Hence, it is concluded that Justice Sanjeev Sachdeva of Delhi High Court very rightly acknowledge the power of the court to deprive the petitioner of his driving license for life but in the same vein also concedes that it is excessive.