Delay in judicial process leads to convicts escaping imprisonment

Justice R C Chavan,who decided the two cases,however,increased the fine to be paid by the convicted persons.

While the accused in one of the cases,Balu Bhange,had earlier remained in prison for 20 days,the other accused,Vilas Lokhande,had been inside jail for four months and 20 days.

Both were convicted under Section 324 of the Indian Penal Code (voluntarily causing hurt by dangerous weapons or means). The section lays down a maximum imprisonment of three years.

While the incident in case of Lokhande is said to have taken place 16 years ago,Bhange is said to have committed the crime about 20 years ago.

In his judgement in the appeal filed by Bhange,Justice Chavan said,“It is unfortunate that the appellant (Bhange) may have to gain from the law’s delay and the fact that he has been living under shadow of conviction…considering the nature of assault as also the circumstances in which the incident occured,it may be appropriate to reduce the sentence of imprisonment to that for the period already undergone and imposing a fine on the appelant,which may compensate the victim.”

Bhange,who earlier worked with the local police,is said to have attacked his wife,Sudha,with a pair of scissors,after which she suffered severe bleeding.

According to one of the witnesses,during an argument,Sudha alleged that Bhange was impotent,after which he assaulted her.

On this allegation,Justice Chavan observed that even if she is held to have actually said so,it would not amount to grave and sudden provocation.

Arguing for Bhange,his lawyer P G Sarda argued that the incident is said to have taken place 20 years ago and he has not committed any other offence in the meanwhile.

The victim in the other case,Nandabai,was also the wife of Vilas Lokhande. In the order in the matter,the judge noted that Lokhande had expressed suspicion about his wife’s character and alleged that she had illicit relations with another man.

In his orders,Justice Chavan directed both Bhange and Lokhande to pay Rs 25,000 as a fine amount.