Kerala Court Convicts Man For Permitting Minor Brother To Ride Motorcycle

A Kerala Court recently sentenced a person to pay a fine of R. 34,000/- and simple imprisonment till the rising of court, for permitting his minor brother to ride his motorcycle 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. passed the order and added that the registration of the vehicle would be cancelled for a period of 12 months, and that the license of the accused would stand cancelled for three months. 

It was alleged that the juvenile rode the accused's motorcycle with the latter's consent and knowledge, without having the registration mark displayed on the front and back of the vehicle. It was further alleged that no sari guard, direction indicator lamp or rear view mirrors were fitted on the vehicle. The accused pleaded guilty in the matter. 

He was thus convicted under Section 248 (2) Cr.P.C. ("Where, in any case under this Chapter, the Magistrate finds the accused guilty, but does not proceed in accordance with the provisions... of section 325 or section 360, he shall, after hearing the accused on the question of sentence, pass sentence upon him according to law").  

The accused was punished under Sections 199A ('Offences by juveniles'), 199(4) ('Cancellation of registration of the motor vehicle used in the commission of the offence by a juvenile for a period of twelve months'), 180 ('Allowing unauthorized persons to drive vehicles'), and 194 (C) ('Penalty for violation of safety measures for motor cycle drivers and pillion riders'), and Rules 102(1) ('Signalling devices, direction indicators and stop lights') and 125 (2) ('All motor vehicles to be equipped with rear view mirror') of the Central Motor Vehicles Rules read with Section 177 of the Motor Vehicles Act, 1988 ('General provision for punishment of offences'). 

Assistant Public Prosecutor Sr. Grade M.S. Aromalunni appeared in the present case. 

Case Title: State v. Roshan Shiju

Click Here To Read/Download The Order