“Atone For Your Sins”: Delhi High Court Directs Man Accused Of Sexual Assault To Partake Community Service
The Single Bench of Justice Subramonium Prasad has recently directed the petitioner to do one month community service at the de-addiction Centre run by the Society for Promotion of Youth & Masses Centre to atone for his sins while quashing an FIR registered u/s 304 & 506 IPC on the ground of amicable settlement between the complainant & the petitioner/accused has directed the petitioner to do one month community service at the de-addiction Centre run by the Society for Promotion of Youth & Masses Centre to atone for his sins.
“A perusal of the complaint shows that the petitioner has acted in a very high handed manner. There are CCTV footages which show that the petitioner has committed the offence under Section 354 and 506 IPC. There are eye-witnesses to the incident. Since the complainant does not want to pursue the complaint it would be futile to continue with the prosecution.this Court is inclined to direct the petitioner to do some social service to atone for his sins. He is also warned not to repeat such actions in the future.”, the Bench remarked.
In the present matter, the prosecutrix had filed a complaint against the petitioner for offences u/s 506 & 354 IPC for assaulting the prosecutrix by attempting to contact her to foster personal interaction despite her clear indication of disinterest, holding her hand & twisting it behind her back & hitting on her face with his bag. The petitioner was arrested on July 21, 2020 but was later released on bail.
The Court while quashing the FIR relied on the Apex Court judgement in Gian Singh v. State of Punjab, (2012) 10 SCC 303 & further imposed a cost of Rs 1,00,000 out of which sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) in the ‘DHCBA Lawyers Social Security and Welfare Fund’; Sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) in the ‘Nirmal Chhaya Foundation’; Sum of Rs.50,000/-(Rupees Twenty Five Thousand Only) in the ‘Army Welfare Fund Battle Casualties’.
“After completion of one month, a certificate from the Centre will also be filed to show compliance of the order. In case of any absenteeism/default on the part of the petitioner or any misbehavior on the part of the petitioner the same shall be conveyed immediately by the Centre to the concerned SHO, who shall in turn inform the learned APP for the State, for bringing the same to the notice of the Court and for seeking recall of the orders passed today.”, the Court further directed.
Case Title: Vikram Jeet Singh v. State & Anr|CRL.M.C. 993/2021 & CRL.M.A. 5066/2021