Palghar: A court in Palghar has convicted two persons for criminal intimidation and causing damage to property in connection with a 2018 incident involving a woman gram sevika, while acquitting them of more serious charges of assault and intentional insult of a public servant.
About The Case
Additional Sessions Court Judge A. R. Rahane, in an order dated December 1, held Jayshree Jagan Dhanva and Shivdas Gangaram Tambadi guilty under Sections 506 (criminal intimidation) and 427 (mischief causing damage) of the Indian Penal Code (IPC). However, the court acquitted them of offences under Sections 353 (assault or criminal force to deter a public servant from discharge of duty) and 504 (intentional insult).
Observing that sending the accused to jail was unnecessary, the court imposed a fine of ₹5,000 each. Of the total fine amount, ₹7,000 has been directed to be paid as compensation to the informant. A copy of the order was made available on Monday.
According to the prosecution, the incident took place on September 25, 2018, when the gram sevika was conducting a survey for a housing scheme at Kharshet village in Palghar district. The accused allegedly confronted her over their names not being included in the beneficiary list and abused her. Tambadi was also accused of snatching and damaging her mobile phone.
While delivering the verdict, the court noted that the prosecution failed to establish that the informant was lawfully discharging her official duties at the time of the incident, an essential requirement to prove the offence under Section 353 of the IPC. It further observed that the informant had not specified the exact abusive words allegedly used, making it difficult to sustain the charge under Section 504.
However, the court found sufficient evidence to convict the accused for criminal intimidation and mischief. It clarified that for an offence under Section 427 of the IPC, it is not necessary that the damaged property be owned by the aggrieved person, as long as it was in her possession at the time of the incident.
Based on these findings, the court convicted the accused under Sections 506 and 427 of the IPC and imposed monetary penalties accordingly.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/
