AAKASH N. TAWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Assistant Sessions Judge, Thane in Sessions Case No. 331 of 2018 convicted the appellant accused for offence punishable under section 332 of the Indian Penal Code i.e. voluntarily causing hurt to deter public servant from his duty and for section 353 of the Indian Penal Code i.e. assault or criminal force to deter public servant from discharge of his duty.

(2.) The facts as necessary for deciding the present appeal are as under.

(3.) Appellant herein was in Magisterial custody in CR number 434 of 2015 punishable under section 354 (d), 509, 506 of the Indian penal code and section 7 and 8 of the Protection of Children from Sexual Offences Act registered with Malvani police station. When he was to be produced in the court in the aforesaid trial before Dindoshi Court, it is the case of the prosecution that accused started staring (giving angry look) at the police party who was escorting him as he was asked to to walk a little faster since it was raining. It is claimed that as the appellant accused started smoking beedi, complainant- PW1 Dinesh Chaudhary, member of the escort party objected to the same so also lady police constable from the other escort party to which appellant-accused responded by abusing police constable by name Kakade. While physically abusing, complainant, a police constable who was discharging his offcial duty, tried to snatch the belt which got torned into two pieces. As a consequence of above, crime number 115 of 2018 punishable under section 332 and 353 of the Indian Penal Code came to be registered. Upon investigation accused was chargesheeted and charge came to be framed against him for the aforesaid offences.