A Malegaon Magistrate Court in Nasik district of Maharashtra has sentenced an autorickshaw driver to plant 2 trees & offer namaz 5 times a day, after the Court found him guilty of voluntarily causing hurt in a case of road rage. This was the condition laid down by the court for the accused to avoid undergoing imprisonment.
The 30-year-old man, Rauf Khan Umar Khan, was an autorickshaw driver whose auto had hit a stationary bike in a narrow lane of the power-loom town of Malegaon in 2010. After the complainant questioned him about it, Khan assaulted the complainant. Khan was booked under Sections 323 (voluntarily causing hurt), 325 (voluntarily causing grievous hurt), 504 (intentional insult to provoke breach of peace) & 506 (criminal intimidation) of IPC.
While the magistrate held that Khan was guilty under Section 323, he was acquitted under the remaining offences. Khan was acquitted, without imprisonment & fine, on the condition that he complied with the order of the magistrate.
The magistrate, Tejwant Sandhu, opined that Section 3 of the Probation of Offenders Act, 1958, granted power to a magistrate to release a convict after admonition or appropriate warning, so that he does not repeat the offence. But the court also reasoned that a mere warning would not be sufficient, it was important that the convict remembers the warning & his conviction, so that he does not repeat it.
The Court observed, “According to me, giving appropriate warning means to give an understanding that the crime has been committed, the accused has been proven guilty & he remembers the same so that he does not repeat the offence again".
Khan has to plant 2 trees in the premises of the Sonapura Masjid, where the crime was committed, & care for the trees.
The accused had confessed during the hearing that despite being a man following the Islamic faith, he was not offering regular namaz as stipulated in the religious texts. In view of this, the court ordered the convict to offer namaz five times a day, for the next 21 days, regularly.
The Magistrate also concluded that these two directions fell within the ambit of Section 3 of the 1958 Act, & hence was an appropriate warning.
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