Published: 27th March 2021
Delhi HC directs youth booked for assaulting woman to do community service at de-addiction centre
Earlier this month, in another matter, the bench of Justice Subramaniam Prasad had directed a 21-year-old to do community service at Gurdwara Bangla Sahib in New Delhi for a month
In an unusual judgement, the Delhi High Court directed a youth facing an FIR for assaulting a woman, to do one-month community service at the de-addiction Centre "to atone for his sins". He was also warned not to repeat such actions in the future. The bench of Justice Subramaniam Prasad in a judgement passed on Friday said, "Looking at the facts and the conduct of the petitioner, this court is inclined to direct the petitioner to do some social service to atone for his sins. He is also warned not to repeat such actions in the future."
"....The petitioner is directed to do one-month community service at the de-addiction Centre run by the Society for Promotion of Youth and Masses Centre from April 1, 2021, to April 30, 2021..." the Court said. The bench also imposed a cost of Rs 1,00,000 on the petitioner. After completion of one month, a certificate from the community service centre be also filed to show compliance with the order, the Court said.
The Bench's order came after taking note of the ground that the complainant and the accused have amicably settled the matter. The Court also noted that the complaint shows that the petitioner has acted in a very high handed manner. "There are CCTV footages which show that the petitioner has committed the offence under Sections 354 and 506 of the Indian Penal Code (IPC). There are eye-witnesses to the incident. Since the complainant does not want to pursue the complaint it would be futile to continue with the prosecution," the Bench observed.
"In the present case, it is the victim who is the ultimate sufferer. She has been harassed by the petitioner and she is being further harassed in the proceedings initiated against the petitioner," the Court noted. Advocate Jitender Solanki and Adv Vikrant represented the petitioner in the case while Advocate Kusum Dhalla appeared for the State. Advocate Ashok Kumar Kailashi and Advocate Sushil Rattan Yadav appeared for the complainant.
The Court also said in case of any absenteeism/default on the part of the petitioner or any misbehaviour on the part of the petitioner while complying with the court order, the same shall be conveyed immediately by the said de-addiction centre to the concerned SHO, who shall, in turn, inform the Prosecutor for the State, for bringing the same to the notice of the Court and for seeking recall of the orders passed in this regard. Earlier this month, in another matter, the bench of Justice Subramaniam Prasad had directed a 21-year-old to do community service at Gurdwara Bangla Sahib in New Delhi for a month after the accused expressed regret. The accused was facing charges of 307 (attempt to murder) of IPC.