Bid to ‘sell’ train seat: Surat court reduces railway porter’s jail term from 1 month to 2 days
The court's directive came more than six years after the porter, who was earlier convicted and sentenced to a month's imprisonment by the Judicial Magistrate First Class (Railways) court in Surat, filed an appeal.
The Surat Railway Protection Force (RPF) had registered an offence against the porter, Raghu Dayma, 40, a resident of Bharthana area in Surat city, under 145 (C) of the Railway Act.
AN ADDITIONAL sessions court in Surat has reduced the jail sentence of a railway porter who was convicted for placing a cloth towel on a train seat with an intent to ‘reserve’ it and illegally sell it to another passenger from one month to two days. The court also increased the penalty amount imposed on the porter from Rs 500 to Rs 1,500.
The court’s directive came more than six years after the porter, who was earlier convicted and sentenced to a month’s imprisonment by the Judicial Magistrate First Class (Railways) court in Surat, filed an appeal.
The Surat Railway Protection Force (RPF) had registered an offence against the porter, Raghu Dayma, 40, a resident of Bharthana area in Surat city, under 145 (C) of the Railway Act. He was later arrested and released on bail. The JMFC court (Railways), Surat, convicted Dayma and sentenced him to imprisonment of a month and also imposed a fine of Rs 500, on March 7, 2020.
Dayma, through his lawyer M R Pande, filed an appeal with Surat District Sessions Court against the JMFC court order on March 9 the same year.
The case proceedings were carried out in the court of additional sessions judge S P Mehta, and Assistant Public Prosecutor (APP) Bharat Chavda pressed charges against Dayma.
After hearing the arguments from both sides, the court reduced Dayma’s sentence period and the fine amount.
In the order, issued recently, the court observed, “It appears that while passing the conviction order, the JMFC court has taken all necessary care and satisfied that the accused has agreed to plead guilty voluntarily, out of free will, without any influence or coercion from any corner.
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It has been specifically noted by the JMFC Court that all the consequences were explained to the accused person, therefore, the submission of the defense lawyer that the accused was under belief that only fine would be imposed, is not palatable. Hence, considering the facts, it cannot be said that the JMFC court has committed any error or illegality. Hence, the conviction of the accused is hereby upheld.
However, considering the proportion of sentence, it appears that the accused has been sentenced to undergo imprisonment for 30 days and to pay a fine of Rs 500 for the offences punishable under Section 145(c) of the Railways Act. It would be apt to reproduce here Section 145(c) of the Railways Act.”
The court observed, “Keeping in view the impugned order, that the JMFC court, considering the list of criminal case history of the accused, which was produced by the RPF inspector, has passed order sentencing the accused for imprisonment of 30 days and imposed fine of Rs 500. The Prosecution had not submitted such certified copies of the conviction order before the trial court.
Hence, in my humble opinion, the observation of the trial court is not proper and the interference to the extent of proportionment of imprisonment is warranted. Hence, considering the facts and circumstances of the case, the penal provision and also considering the provisions of Section 298 of the CrPC, the imprisonment for two days would suffice and therefore, the impugned order requires modification to such extent.”
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APP Chavda told The Indian Express on Monday, “We are going through the order and have not yet decided what further action we will take.”
Defence lawyer Pande said, “We are satisfied with the additional sessions court’s order. The applicant (Dayma) remained in jail for nearly two days after the JMFC court convicted him. Later, he was granted bail to file an appeal with the higher court. Now with the latest court order, he does not have to go to jail but he has to pay the fine of Rs. 1,500.”
Kamal Saiyed is a senior Correspondent for The Indian Express, providing extensive, on-the-ground coverage from Surat and the broader South Gujarat region and the Union territories of Daman, Diu & Dadra Nagar Haveli. With a reporting career at the publication spanning back to 2007, he has established himself as a high-authority voice on the industrial, social, and political pulse of one of India’s fastest-growing urban hubs.
Expertise
Industrial & Economic Beat: Based in the "Diamond City," Saiyed offers expert reporting on the diamond and textile industries. His work tracks global market shifts (such as De Beers production changes), local trade policies, and the socio-economic challenges facing the millions of workers in Surat’s manufacturing hubs.
Civic & Infrastructure Coverage: He consistently reports on urban development and public safety in Surat, including:
Traffic & Urban Planning: Monitoring the city's 13-fold increase in traffic violations and the implementation of new municipal drives.
Public Safety: Investigative reporting on infrastructure failures, fire safety NOC compliance in schools and commercial buildings, and Metro rail progress.
Political Reporting: Tracking the shifting dynamics between the BJP, Congress, and AAP in South Gujarat and the neighboring Union Territories (Daman, Diu, and Dadra & Nagar Haveli).
Crime beat: Armed with a good source network Saiyed has been able to bring out the human side of crime stories in his region ... Read More
