Court, however, modified jail term for accused by reducing it to 2 days as he was first time offender.
A Delhi court has refused to set aside the jail term awarded to a 35-year-old man held guilty of drunken driving, observing that he acted like a "suicidal human bomb" who could have taken the life of others while driving in such a state of mind.
The court, however, modified the jail term by reducing it from five days to two days considering that he was a first time offender and had a two-month-old child.
"In my opinion, petitioner while driving under such heavy intoxication, was just acting like a suicidal human bomb, who could have taken the lives of others while driving the vehicle in such a state of mind and it could have also proved fatal for him as well.
"Hence, in the given set of facts and circumstances as appearing on record, I do not find any illegality or infirmity in the impugned order," Additional Sessions Judge Lokesh Kumar said while upholding the order of a magisterial court.
However, while partly allowing the plea of convict Inderjeet Singh, a south-Delhi resident, the court said, "Keeping in view the submissions of petitioner i.e. he is 35 years old and sole bread earner of his family comprising a very child of two months and being the first offender, it seems that ends of justice shall be met, if he is sentenced to undergo two days simple imprisonment..."
The court also noted that alcohol reading of the convict was found to be 166.1 mg per 100 ml blood as against the permissible limit of 30 mg per 100 ml and the trial court had rightly opined that it was more than five times of the permissible limit, when the petitioner was driving.
Mr Singh, in his appeal had contended that he was a first time offender and was not a criminal.
He claimed to have committed the offences mistakenly and and he had already apologised for it and that he has a two- month-old baby.
The magisterial court had sent him to five days in jail besides imposing a fine of Rs 4,000 and suspending his driving licence for six months.