MUMBAI: A now 32-year-old man was convicted and sentenced to six months imprisonment for assaulting a bus conductor who refused to let him deboard a BEST bus from the rear exit in 2013. The court said assaulting a public servant in day light, while he is discharging his duty is in itself an aggravating circumstance.
Finding accused Afjal Shaikh guilty, the sessions court said, "It is clear that the accused has assaulted and obstructed the public servant while he was discharging his duty. Therefore, punishment to be awarded must be in consonance with the gravity of the offence committed."
The prosecution argued that considering the seriousness of the crime, maximum punishment permissible under law should be awarded to the accused. The prosecution further submitted that the legislature, considering seriousness of assaults on public servants, has enhanced the maximum punishment to five years imprisonment.
The court, however, said that the amendment is prospective in nature and cannot be applied retrospectively. "The offence in hand had taken place in 2013, therefore, punishment prescribed for the offence at the relevant time needs to be taken into consideration. Thus, at the time of commission of the offence punishment up to two years or fine or both," the court said.
