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A sessions court Saturday sentenced a 24-year-old man to life imprisonment for the murder of a Mumbai police traffic constable in 2016 and observed that leniency, if shown in such offences, will send a “wrong signal” to the society at large. The man was found guilty under Indian Penal Code section 302 (murder) Friday.
The convict had assaulted constable Vilas Shinde with a bamboo stick on August 23, 2016, in Khar after the policeman had stopped the former’s 17-year-old brother for underage riding without proper documentation and helmet. Shinde had succumbed to his head injuries on August 31 that year. The convict’s brother is being tried separately under the Juvenile Justice Act.
On Saturday, the convict had sought leniency stating there was no previous criminal record against him, that he was of young age and his widowed mother was dependent on him. Special public prosecutor, Vaibhav Bagade, however, sought the maximum punishment of death penalty for the convict, stating that Shinde had been recognised as a “martyr” by the state government since he had lost his life “for the country while on duty”.
“In the case at hand, the deceased was a public servant, acting in good faith and discharging his public duty. The accused committed the act and dealt a blow of bamboo stick on his head, without giving an opportunity or without having a conversation with him. Police authorities are responsible for maintaining law and order and safety and it is their duty to enforce the law. If in such offences of an attack on the police made by the common public, if leniency is shown, then it will give a wrong signal and message to the society at large,” judge K M Jaiswal said.
Calling it a “heinous and brutal murder” of an on-duty traffic cop, the court said, “Considering the age of the accused, the nature of weapon used and having regard to the other circumstances brought on record, in my considered opinion this case does not fall in the category of rarest of rare offences.”
The court said it has taken into account factors, including the age of the convict, the nature of the weapon used in the crime and the circumstances of the incident to arrive at the punishment. The convict, however, has been directed to pay a compensation of Rs 50,000 to the victim’s family.
The court has also directed the District Legal Services Authority to enquire if compensation under the victim compensation scheme, as per provisions of the Criminal Procedure Code, could be extended to Shinde’s family.
To the convict’s requested that he be allowed to be lodged at Arthur Road jail since he is pursuing a law course from an open university, the court said the decision regarding it will be taken by the jail authorities.
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