Additional Sessions Court Judge A R Rahane, in the order on December 1, deemed sending the accused to jail unnecessary and imposed a fine of Rs 5,000 each on them
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A Palghar court has convicted two persons for criminal intimidation of a woman panchayat official in a 2018 case, while acquitting them of more serious charges related to assault and insult of a public servant, reported news agency PTI.
Additional Sessions Court Judge A R Rahane, in the order on December 1, deemed sending the accused to jail unnecessary and imposed a fine of Rs 5,000 each on them.
A copy of the order was made available on Monday.
The incident
The incident occurred on September 25, 2018, when a gram sevika (panchayat official- who is the informant in the case) was conducting a survey for a housing scheme at Kharshet in Maharashtra's Palghar district, reported PTI.
The accused, Jayshree Jagan Dhanva and Shivdas Gangaram Tambadi, allegedly confronted her about their names missing from the list and abused her. Tambadi also allegedly snatched and damaged her mobile phone, as per the prosecution.
A case was registered against them under Indian Penal Code sections 353 (assault to deter public servant from duty), 504 (intentional insult), 506 (criminal intimidation) and 427 (mischief causing damage above Rs 50) and 34 (common intention).
Prosecution has failed: Palghar Court
The court said, "The prosecution has failed to prove that the informant was lawfully discharging her duty at the time of the incident. The most essential ingredient of Section 353 is not proved," reported PTI.
It also noted that the informant did not disclose the exact abuses. "So, it is difficult to infer that alleged abuses are covered under Section 504 of IPC," the Palghar court said, reported PTI.
Based on the actions of the accused, including damaging the informant's mobile phone, the court convicted them under IPC sections 506 and 427.
"It is not necessary for an offence punishable under Section 427 that property should be owned by the aggrieved person. It is sufficient that the said property was in possession of the aggrieved person at the time of the incident," it said, reported PTI.
The Palghar court imposed a fine of Rs 5,000 each on the accused and ordered that Rs 7,000 from it be paid as compensation to the informant.
(With inputs from PTI)
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