Assault case: Can't show undue sympathy to convict, says Delhi Court

A man, convicted of assaulting a policeman on being stopped for violating traffic rules, has been sent to nine months in jail by a Delhi court which took a stern view saying it can't show "undue sympathy" and a message must be sent that law is not weak. The court, which also imposed a fine of Rs 50,000 on Mukesh Kumar, said hitting a public servant shows that he did not have any regard for law enforcing agencies.

"In the present case, the nature of offence is such that this court is not inclined to grant the benefit of probation to the convict. He had beaten a public servant when he was at fault," Additional Chief Metropolitan Magistrate Ankur Jain said.

"It is clear that the court should not get carried away with undue sympathy. Hitting a public servant shows that the convict did not have any regard for law enforcing agencies. Perhaps, he knew that he might get away.

"Any undue sympathy towards convict would be counter productive. A message should be sent to the perpetrators of the crime, that law is not weak and can deal with them sternly wherever required," the magistrate said.

Mukesh, who was riding a bike with three pillion riders without helmets in 2010, was arrested for beating up constable Ravinder after he stopped them. While others fled from the spot, Mukesh was apprehended and tried for the offences under Sections 332 (voluntarily causing hurt to deter public servant from his duty) and 353 (assaulting public servant) of the IPC. He was convicted by the court last month.

"He (Mukesh) was riding a bike on which three more persons were sitting which is against the law. When he was stopped, he had the audacity to beat the constable.

"At the most he would have been challaned but to show his might he had given a blow to the constable in order to get away," the court noted while sentencing him.

Seeking leniency, Mukesh said he be released on probation for his good conduct and that he has to look after his family. Earlier, while convicting Mukesh, a Dwarka resident, the court had observed, "No person can be allowed to take law in his own hand and beating police officials in public area cannot be appreciated in any manner."