Mumbai: Offence against public at large, says court refusing leniency to pickpocket

Refusing leniency to a pickpocket who had tried to flee after stealing the wallet of an advertising company employee outside the Andheri railway station in 2014, a magistrate court has said that the offence is against the public at large.

31-year-old Hamid Mulani found guilty of theft and his advocate had sought leniency under the Probation of Offenders Act as he was a first-time offender. Under the Act, the court could let off a guilty first-time offender with a bond of good behaviour or with an admonition. The court refused to extend the benefit of the Act and said that the offence is against the public at large. It also noted that Mulani was found in possession of stolen property and was caught on the spot. Such conduct, it said, debars him from taking benefit of the Probation of Offenders Act. “Apart from that the accused is caught for an attempt of theft, so once a thief is always a thief. Therefore any benefit of the above provision cannot be extended to the accused,” Metropolitan Magistrate RR Khan stated in the order.

The court however, showed leniency in the form of giving a short term of imprisonment. While theft is punishable by three years in jail or fine or both, it considered that the youth has family responsibilities and sentenced him to three months in jail. Magistrate Khan said this sentence would be justified to meet the ends of justice. “Additionally, the accused will also realize that the game of crime does not pay and it will restrain him from victimizing any other person,” the order stated, adding that with this sentence the victim will also be satisfied that the majesty of law has prevailed.

The complaint was registered by Krunal Gupta, an assistant PR manager with an advertising company. He had stated in his complaint that on June 25, 2014, he was proceeding home after work and was passing by McDonalds right outside the Andheri railway station at 7.45 pm, when he felt someone was attempting to take his wallet from his bag. He immediately turned around and saw a youth trying to flee with his wallet. He raised an alarm and the public caught hold of the youth. He then lodged a report at DN Nagar police station.