BAGH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE petitioner Bagh Singh was convicted by the Sub-Divisional Magistrate, Jalore, for different offences under the Motor Vehicles Act) (which shall ereinafter be referred to as the Act) as detailed below:

(2.) AS regards the offence under Section 123 read with Section 42 of the Act the accused admitted that he had no road permit with him and that he committed a mistake. With regards to the offence under Section 94 read with Section 125 of the Act, he pleaded that the truck was insured and he produced a cover-note which was effective for a period of one month from 23-10-1962 to 22-11-1962. As regards the third offence, the accused admitted that he had no driving licence with him.

(3.) THE Magistrate after recording the answers of the accused apparently treated the answers of the accused as admissions of guilt and did not choose to record the prosecution evidence. He, however, enquired from the accused whether he would like to produce his defence, but the accused declined to lead any defence evidence. Eventually the Magistrate recorded the convictions of the petitioner in respect of all the offences.