SHRINATH MANOHAR KESKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE returnable forthwith. Taken up for hearing with the consent of the parties.

(2.) THE petitioner, who at the relevant time was a student, was offended because of an untoward act on the part of the respondent No. 2- Ajit Dalvi, who undoubtedly could be said to be a respectable and responsible person in the society, as he is working as a Lecturer in a college. Regular Criminal Case No. 250/ 88 was initiated against the present respondent No. 2 for the offences punishable under sections 324 and 504 of the Indian Penal Code on the allegations that on 23rd November, 1988, while the petitioner was studying in the gallery of his house, the respondent No. 2 the accused for no justifiable reason and without any provocation, threw chilly powder in his eyes and thereby caused him physical agony as well as mental torture. On the same day, i. e. after about 1? hours, necessary complaint was lodged in the police station and after the chargesheet was put up in the Court, the respondent no. 2 was prosecuted vide Regular Criminal Case No. 250/88, referred to above.

(3.) AFTER completing the formalities as usual as regards the recording of the evidence and statement of the accused, the learned Judge, after hearing the arguments of both the sides, reached to the conclusion that the respondent No. 2 was guilty of an offence under section 324 of the Indian Penal Code. However, at the same time, the learned Judge of Trial Court, by his judgment and order dated 20th September, 1990 granting benefit to the respondent No. 2 of Probation of Offenders Act, on his executing a bond of Rs. 500/- released him under section 4 (1) of that Act, instead of passing sentence of imprisonment.