The Supreme Court has granted probation to a social worker who was convicted of assaulting a public servant and has reduced her sentence to 1 month.
The incident dates back to 1992 when she entered the office of the Directorate (Women and Child Development) and verbally abused and physically pushed a public official, causing an injury to the official’s right finger.
A bench of Justice Abhay S. Oka and Justice Sanjay Karol was hearing an appeal against a Madhya Pradesh High Court judgment that had sentenced her to 6 months of rigorous imprisonment for causing grievous hurt and assaulting a public servant.
In addressing the question of sentence, the Court took note of the fact that the incident was more than 30 years old and that the appellant had been out on bail during this period. The appellant, now a 62-year-old woman, was recognized by the Court as a social worker who had raised concerns about laborers. The Court acknowledged that while assaulting a public servant is a serious offense that can carry a 10-year jail term, it chose to exercise leniency in this case.
The bench stated, “Considering the circumstances outlined, we are of the opinion that the appellant should be shown leniency in terms of the substantive sentence.” It emphasized that while individual factors such as being on bail for a long time may not alone warrant leniency, the Court had considered these factors collectively. Therefore, the Court decided to reduce the sentence for the appellant’s offense under Section 333 to a simple imprisonment of one month.
The Court upheld the conviction on appeal but simultaneously reduced the jail term to 1-month simple imprisonment for offenses under sections 333 and 451 of the IPC. Additionally, a fine of 25,000 was imposed, to be paid to the injured public servant.
The Case
The appellant, a social worker affiliated with a political party, had entered the office of the Directorate of Women and Child Development in Bhopal in 1992 during a meeting of public officials. She verbally abused and physically pushed a public official, causing an injury to the official’s right finger. She was charged with offenses under Sections 333, 353, and 451 of the IPC.
The sessions court initially sentenced her to 2 years of rigorous imprisonment for causing grievous hurt to a public servant and 1 year for assault and trespass. On appeal, the High Court reduced the sentence to 6 months of rigorous imprisonment for each of the offenses. Displeased with the High Court’s decision, she approached the Supreme Court.
