This Article is From Dec 09, 2012

Community service at a temple once a week for man convicted of drunk driving

New Delhi: A man, held guilty of driving a truck in a drunken state, has been spared the jail term but ordered by a Delhi court to perform community service at a temple in Delhi once a week for two months.

Additional Sessions Judge (ASJ) Virender Bhat set aside the 20-day jail term given to Uttar Pradesh native Ram Phool, a driver by profession, saying imprisonment will leave an "indelible blot" on his career and seriously affect his household.

"The appellant is a young person aged 30 years and is in private service. He is the only person to look after his family. Imprisonment at this stage would put an indelible blot on his future career and seriously affect his household," the court said.

The court released Ram on probation and asked him to do the community service in Maa Katyayani Mandir near Jhandewalan here once a week for two months.

"The sentencing policy followed in India is based upon reformative theory and not on retributive theory. The purpose of sentence is and should be to reform a criminal so as to convert him into a law-abiding citizen....

"While dealing with petty cases such as the present one, wherever it is felt necessary, the principle contained in almost all the religious scriptures that 'forgiveness is the best punishment' should be invoked," the court said.

The order came on Ram's plea challenging the magistrate's October 26 order sentencing him to 20 days in jail for driving a truck in an inebriated state early this year in South West Delhi area. The trial court had also imposed a fine of Rs 4,600 on him.
Seeking the relief, Kumar's counsel had also told the court that he has learnt a lesson from his prosecution and has vowed not to repeat his mistake again.

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