‘Attending court akin to imprisonment’
8 Oct 2012 7:46 PM IST
Attending court on each date may be considered equivalent to simple imprisonment of one day, a Delhi court has observed, while letting off a man on probation after holding him guilty of assaulting another man in a trial spanning 11 years.
Metropolitan Magistrate Jagminder Singh let off South West Delhi resident Lalit Kumar on probation also on grounds of being the sole bread winner of the family and that he had apologised for his behaviour.
‘The convict submits that he is facing trial since 2001 ie, for last about 11 years and continuously appearing before the court. Attending court on each date may be considered equivalent to simple imprisonment of one day,’ said the court, letting off the convict on probation on ground that he faced the trial for 11 years.
The prosecution case dated back to 10 September 2000 when Lalit, a teacher by profession, had abused and assaulted Bihar native Mohan Kumar.
The prosecution had told the court that Lalit abused and assaulted Mohan with a dangerous weapon when the victim had gone to his cousin’s house where the accused too was present.
The court convicted Lalit for beating up Mohan but held that there was not sufficient evidence to conclude that a dangerous weapon had been used by him to injure the victim.
It noted that the convict has a child and wife to look after and he is the only earning member of his family.
‘Keeping in view the reformative theories of punishment, court thinks that the convict does not deserve any further substantial imprisonment behind the bar. Benefit of probation is given to the convict,’ the judge said.
YOUTH CHARGED WITH KIDNAPPING, MARRYING MINOR FREED BY COURT
A youth accused of kidnapping a minor girl, who was months away from turning an adult, and inducing her to marry him has been acquitted by a Delhi court on the testimony of the girl that she went with him on her ‘own free will’. The trial court quoted a judgement of the Supreme Court in a similar case to rely on the statement of the victim in the present case who was just four months away from attaining the majority age of 18 years. ‘In the present case also that there was no word in the deposition of the prosecutrix from which it could be inferred that she had left the house of her father at the instance or even at the suggestion of the accused. She had constantly stated before the court as well as in her statement that she had gone with accused with her own free will, which, by no stretch of imagination could be said to be the accused having taken her out of the keeping of lawful guardianship,’ Additional Sessions Judge Gulshan Kumar said.
Delhi resident Akhtar Ali was freed by the court saying the prosecution has also failed to prove that accused had abducted the girl with intention to marry her or to have an illicit relationship with her.
"I am of the view that prosecution has miserably failed to prove on record that on March 16, 2012... accused [Ali] abducted the prosecutrix, minor girl from the custody of her lawful guardians and with an intention that she may be compelled to marry against her will or with an intention to have an illicit intercourse with her.
"Accordingly, accused is acquitted of the offences under section 363/366 [kidnapping, abducting or inducing woman to compel her for marriage] of the IPC, he was charged with," the judge said.
The girl's parents had lodged a complaint alleging that on March 16, 2012 the accused had abducted the girl from the custody of her lawful guardians with an intention to marry her and have an illicit relation with their minor daughter.
Ali was arrested three days after the missing report of the girl was lodged with the South Campus police station in Saket area.
Metropolitan Magistrate Jagminder Singh let off South West Delhi resident Lalit Kumar on probation also on grounds of being the sole bread winner of the family and that he had apologised for his behaviour.
‘The convict submits that he is facing trial since 2001 ie, for last about 11 years and continuously appearing before the court. Attending court on each date may be considered equivalent to simple imprisonment of one day,’ said the court, letting off the convict on probation on ground that he faced the trial for 11 years.
The prosecution case dated back to 10 September 2000 when Lalit, a teacher by profession, had abused and assaulted Bihar native Mohan Kumar.
The prosecution had told the court that Lalit abused and assaulted Mohan with a dangerous weapon when the victim had gone to his cousin’s house where the accused too was present.
The court convicted Lalit for beating up Mohan but held that there was not sufficient evidence to conclude that a dangerous weapon had been used by him to injure the victim.
It noted that the convict has a child and wife to look after and he is the only earning member of his family.
‘Keeping in view the reformative theories of punishment, court thinks that the convict does not deserve any further substantial imprisonment behind the bar. Benefit of probation is given to the convict,’ the judge said.
YOUTH CHARGED WITH KIDNAPPING, MARRYING MINOR FREED BY COURT
A youth accused of kidnapping a minor girl, who was months away from turning an adult, and inducing her to marry him has been acquitted by a Delhi court on the testimony of the girl that she went with him on her ‘own free will’. The trial court quoted a judgement of the Supreme Court in a similar case to rely on the statement of the victim in the present case who was just four months away from attaining the majority age of 18 years. ‘In the present case also that there was no word in the deposition of the prosecutrix from which it could be inferred that she had left the house of her father at the instance or even at the suggestion of the accused. She had constantly stated before the court as well as in her statement that she had gone with accused with her own free will, which, by no stretch of imagination could be said to be the accused having taken her out of the keeping of lawful guardianship,’ Additional Sessions Judge Gulshan Kumar said.
Delhi resident Akhtar Ali was freed by the court saying the prosecution has also failed to prove that accused had abducted the girl with intention to marry her or to have an illicit relationship with her.
"I am of the view that prosecution has miserably failed to prove on record that on March 16, 2012... accused [Ali] abducted the prosecutrix, minor girl from the custody of her lawful guardians and with an intention that she may be compelled to marry against her will or with an intention to have an illicit intercourse with her.
"Accordingly, accused is acquitted of the offences under section 363/366 [kidnapping, abducting or inducing woman to compel her for marriage] of the IPC, he was charged with," the judge said.
The girl's parents had lodged a complaint alleging that on March 16, 2012 the accused had abducted the girl from the custody of her lawful guardians with an intention to marry her and have an illicit relation with their minor daughter.
Ali was arrested three days after the missing report of the girl was lodged with the South Campus police station in Saket area.
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