Supreme Court Reduces Sentence Awarded To Woman For Assaulting Govt Official During Labourers Protest 30 Years Ago

The Supreme Court granted the benefit of probation to a social worker who was convicted of assaulting a public servant and reduced her sentence to 1 month. The incident related to 1992 when she had barged into the office of the Directorate(Women and Child Development) and abused and pushed a public official who got injured in her right finger.

The Supreme Court bench comprising Justices Abhay S. Oka and Justice Sanjay Karol was hearing an appeal against a Madhya Pradesh High Court judgment which had sentenced her to rigorous imprisonment for 6 months for causing grievous hurt and assaulting a public servant.

While deciding the limited question of sentence, the Court highlighted that the matter was over 30 years old where appellant was out on bail all these years. Now, she’s an old lady of 62 years. The court acknowledged that there was no scuffle as such and the appellant was only raising the concerns of laborers. The court was cognizant that hurting a public servant is a serious offense where a 10-year jail term can be granted, But the court while considering all the factors in totality was of the view that leniency can be shown to the appellant.

The court held that “Considering the circumstances set out, we are of the view that the appellant deserves to be shown leniency when it comes to the substantive sentence. The distinct factors taken individually, do not constitute a ground by itself to show leniency. For example, only because an accused is on bail for a long time, it is no ground by itself to show leniency. It is only one of the several factors to be considered. But we have considered these factors cumulatively. Hence, we propose to bring down the sentence of the appellant for the offense punishable under Section 333 to simple imprisonment for one month”.

The Court allowed the appeal partly by upholding the conviction but at the same time reduced the jail term to 1-month simple imprisonment for offenses under sections 333 and 451 IPC. It also imposed a fine of 25,000 to be given to the injured public servant.

BACKGROUND FACTS

The appellant is a social worker belonging to a political party. In 1992, she had barged into the office of the directorate of women and child development, Bhopal while a meeting of public officials was taking place. She hurled abuses and pushed a public official who got injured in her right finger. She was charged with offenses under Sections 333, 353 and 451 of the IPC. The sessions court sentenced her to 2 years of rigorous imprisonment for causing grievous hurt to public servant and 1 year for assault and trespass.

The High Court in appeal reduced the sentence to 6 months of rigorous imprisonment each for all of the offences. Aggrieved by the same, she approached the Supreme Court.

Case title: Razia Khan v. State of MP

Citation: 2023 LiveLaw (SC) 605

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