I-T official awarded six months in jail for slapping ticket checker at CSMT

Singh in his defence had claimed that the TC was not wearing the coat or blazer, which is the designated full uniform. Hence, he could not have been said to be on public duty. The TC had told the court that he was wearing a white shirt and his identity card was worn around his neck.

The court said that Singh’s argument was “too technical” and cannot be accepted. It said the railway’s rules of conduct were “administrative instructions” and it did not change the fact that the TC was performing his duty as a public servant.

“Even if informant was not in full uniform of TC, his act of mere demanding ticket itself is sufficient to give an indication to others that he is a Ticket Checker. Even if the informant was not in uniform, still the accused had no right and authority to assault him and that too in public view,” the court said.

Singh had also claimed that he was falsely implicated as the TC had demanded a bribe and he refused to pay it. The court said these claims were ‘completely vague, baseless and an afterthought’.

Singh was facing charges for slapping a senior ticket inspector on October 8, 2016 at Chhatrapati Shivaji Maharaj Terminus. According to the submissions made by prosecutor Ajit Chavan, the TC was on duty on the day, checking tickets on platform 14/15. Around 7.15pm, he saw one person hurriedly pass him. The TC asked him to show his ticket to which the man said he did not have one. The TC then asked him to pay fine.

The man, later identified to be Singh, then told the TC, “Main Income Tax commissioner hu. Mujhe ticket ki zarurat nahi. Tum kaun ho ticket poochne wale (I am an income tax commissioner, I don’t need to take ticket, who are you to ask me about it).” The TC told the court that Singh then tried to flee but he resisted him following which he removed his chappal and hit his cheek with it. He also caught the TC’s collar. The TC told the court that in the scuffle, his uniform got damaged and his wristwatch fell and was lost.

The TC, meanwhile, alerted other TCs who reached there. Singh was taken to the CSMT railway police, and an FIR was filed.

During the trial, ten witnesses were examined including four other TCs who reached the spot and two others who were present at the station. The two, however, said they had not seen the accused or the assault. Singh claimed that the lack of any independent witnesses weakened the case of the police as the incident is said to have taken place at a railway station. The court said the public present at railway stations is generally in a rush and hurry, more particularly in Mumbai, and hence there is a difficulty in getting independent witnesses from among them.

Singh’s lawyer had also claimed that all the TCs had behaved like ‘Railway Lords’ and victimised him, who is also a high-ranking public servant. The court said that colleagues of the TC cannot be considered as interested witnesses as they had no reason or enmity with Singh to convict him.

It also said that while Singh had claimed to have a valid ticket, no such proof was shown during the trial. The court also said that while the CD which contained CCTV footage of the station was found to be blank, there was other evidence to convict Singh.

The court found him guilty under sections including 353, 332 and 323 of the Indian Penal Code related to assault, hurt and deterring a public servant from performing his duty. The court also said that of the Rs 1 lakh fine to be paid by Singh, half is to be paid to the TC who was slapped by him.