Sessions court acquits accused charged with assaulting cop

Source: hindustantimes.com

PUNE A Pune sessions court acquitted an accused charged with assaulting a head constable of Kondhwa police station in 2016. The court received the documents of the case on January 23, 2018, and the decision was taken on August 14, 2019.

The accused, identified as Akram Gulab Khan (23), resident of Nawazish Park in Kondhwa, was booked under Indian Penal Code (IPC) Section 353 (assault or criminal force to deter public servant from discharge of his duty), Section 333 ( voluntarily causing grievous hurt to deter public servant from his duty) and Section 323 (voluntarily causing hurt) by the Kondhwa police for assaulting and using criminal force against head constable Santosh Janardhan Tanawade.

The complainant Tanawade had received a tip-off that Khan, who is wanted in criminal case 16/2016, registered at Kondhwa police station, was at a particular spot near his residence. He informed his senior officials and on their directions went to the spot with other policemen.

When Tanawade along with other cops reached the spot, Khan allegedly ran away and took shelter inside his residence.

The cops asked Khan to come out of his house, but he was reluctant. So the police entered his house and force opened the door of his bedroom where he was hiding. After seeing the cops Khan banged his head on the mirror of a cupboard and injured himself and took one of the glass pieces and injured Tanawade.

The accused pleaded not guilty .

Assistant sessions judge Sharayoo V Sahare, in her observation, stated, “From the evidence of medical officer examined by the prosecution, it shows that the injury sustained by Tanawade was not a grievous injury. The injury sustained by the complainant does not fall under the category as laid down under Section 320 of the IPC .”

Defence counsel Hafiz S Kazi contended that Khan was being implicated in a false case as various complaints were lodged by him and his parents at the Kondhwa police station against police staff for harassing him.

The order stated, “The accused is acquitted under Section 235 (1) of the Code of Criminal Procedure (Cr PC) for the offence punishable under Sections 353,323 and 333 of the IPC. His bail bonds stand cancelled. The seized “muddemal”, that is, clothes of the accused be returned after the appeal period is over. The accused will execute bail bond an amount of Rs 15,000 under Section 437-A of the Code of Criminal Procedure.” WRONG ENGLISH