Dismissing the appeal filed by city resident K C Mahapatra against the magisterial court order, which had also imposed a fine of Rs 2,000 on him, Additional Sessions Judge Suresh Chand Rajan said he be taken into custody to serve the jail term.
"Accused is on bail in this case. He be taken into custody to suffer the sentence awarded by the trial court," the court said.
Seeking dismissal of Mahapatra's plea, the prosecution had said he was caught driving in an inebriated state on the night of October 12.
Mahapatra, who was employed with a private company here, had moved the sessions court against the magisterial court's October 15 decision, which had convicted and sentenced him to five days in jail for driving a motorbike without valid documents under the influence of liquor in South West Delhi.
Seeking leniency for the accused, his counsel told the ASJ that he is the sole bread earner for his family, including his wife and minor son.
The counsel also said the company of hardcore criminals in jail may spoil his entire life.
The counsel further said Mahapatra is a first-time offender and sending him to jail would unnecessarily traumatise and create hardships for his family.
The convict himself told the judge that he will not repeat the mistake in future, but the court sent him to jail dismissing his pleas.
