- (1.)THE respondent-accused was convicted under section 184 of the Motor Vehicles Act, 1988 for driving Matador at a speed in a manner which was dangerous to the public but was released after admonition under section 3 of the Probation of Offenders Act, 1958. The State, being aggrieved by the release of the respondent after admonition, has preferred this appeal for enhancement of the sentence.
(2.)THE brief fact, leading to the present appeal, are as follows :---
The respondent was employed as a temporary driver by the Telephone Department. On 15-7-1992 he was driving his employers Matador No. MH-12/4006 on Pune-Bombay Road. He was taking Junior Engineer of the Department from Pune to Ghatkopar at about 7. 30 a. m. in the morning. On the high way, after passing Vadgaon village, he was trying to overtake the truck and when he found another tempo coming from the front side in high speed, he had to immediately turn his vehicle on the left side which resulted in giving dash to the rear side of the truck. As a result of the said dash, the Matador suffered damage to the extent of Rs. 12,000/- as per the panchanama of the place of offence and the vehicle made on 15-7-1992. The Junior Engineer who was sitting in the tempo, left the place and proceeded to Bombay by different mode of transport. The respondent, therefore, went to the police station and gave the information to the police. His statement as above was recorded at the police station. The offence was registered under No. 97/92 by Vadgaon Mawal Police Station under section 184 of the Motor Vehicles Act and section 427 of Indian Penal Code. The respondent was prosecuted in the Court of J. M. F. C. Vadgaon Mawal, Dist. Pune in Criminal Case No. 1432 of 1992.

(3.)THEREAFTER the trial Court read out the above particulars of the offence to the respondent-accused. The respondent pleaded guilty. The learned J. M. F. C. accepted the plea of guilt as voluntary and convicted him under section 184 of Motor Vehicles Act but instead of sentencing him under the said provision, by his judgment and Order dated 16-7-1992 he directed the release of the respondent-accused on admonition under section 3 of the Probation of Offenders Act, 1958. Hence, the present appeal by the State for enhancement of the sentence of respondent-accused.