Additional Chief Metropolitan Magistrate Kuldeep Narayan showed leniency in sentencing rickshaw puller Mahesh, convicted for stealing taps from the house of East Delhi resident Bhupendar Pal Singh, on the ground that he had three children.
"It is submitted that the convict belongs to a very poor family and is working as a rickshaw puller. It is submitted that he is having three school-going children and there is no previous involvement in any criminal activity and no other criminal case is pending against him.
"He is stated to be the first-time offender who is in judicial custody since February 22, 2012. In my considered opinion, lenient view can be taken against the convict," the judge said.
As per the prosecution case, Mahesh had entered the Singh's house on February 21, 2012 with an intention to commit theft and was apprehended in the bathroom while removing water taps.
During the trial, his wife had deposed that he was picked up from his house and had been falsely implicated.
The court, however, rejected her submission saying her testimony had failed to inspire confidence as neither she could mention the date on which the accused was picked up from his house nor the name of the police officials who allegedly lifted him from his house.