New Delhi [India], March 27 : A Delhi court recently convicted AAP MLA Akhilesh Pati Tripathi for causing hurt. However, the court acquitted him of offences under the SC-ST Act.
Tripathi is an MLA from Model Town. The alleged incident took place a day before the Delhi Assembly election in February 2020.
Special judge Geetanjali Goel of the Rouse Avenue court said that the prosecution has proved the guilt of the accused Akhilesh Pati Tripathi beyond reasonable doubt for the offence under Section 323 IPC and he is convicted for the same.
While he is acquitted of the offences under Sections 341/506 (1) IPC and under Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities Act), 1989, the court said in the judgement passed on March 25.
The court pointed out, "In the present case as well, it can be said that the incident arose out of political rivalry, more so given the fact that the elections were to be held on February 8, 2020 and the incident took place in the intervening night of February 7, 2020, and February 8, 2020."
Further, in the circumstances of the case, it is difficult to believe the case of the prosecution that the accused had uttered any caste-related remarks against the complainant, much less to show any intention to humiliate or intimidate the complainant as he belonged to Scheduled Caste, the Judge Goel said in the judgement.
Though the complainant had stated about the accused abused him by caste name, in the circumstances of the case as referred to above the offences under Sections 3(1)(r) and (s) of the SC/ST cannot be said to be established in the present case, the judge held.
The Addl. PP had submitted that the complainant had been beaten and the MLC was there which showed simple injuries so Section 323 IPC was attracted.
While the Counsel for the accused had argued that it was in fact the accused who was beaten.
The court said, " However, it cannot be discounted that the incident had taken place and the MLC of the complainant shows simple injuries."
The MLC of the accused also shows simple injuries but on that basis, the offence committed by the accused cannot be washed away, the judge noted.
In view of the same, the offence under Section 323 IPC would be made out against the accused, the court said.
The court listed the matter to hear arguments on the point of sentence on 13.04.2023.
The court has directed the accused to furnish an affidavit of his assets and income within 10 days. The State has also been directed to furnish an affidavit of expenses incurred by the prosecuting agency within 7 days. This being a matter pertaining to an MLA needs to be disposed of expeditiously, the court said.
The Victim Impact Report be called for in respect of the complainant Sanjeev Kumar from the learned Secretary- II, Central District Legal Services Authority, before the next date.
The present FIR was registered on the basis of the complaint of February 10, 2020, by Sanjeev Kumar. He stated that he was a student. On February 7, 2020, at around 11:35 p.m., when he along with his friend namely Raj Kishore was going to his home, the accused along with his supporters stopped the complainant at Jhandewalan Chowk, Lal Bagh and took the key of his scooty and beat him badly.
The accused used casteist abusive language, instigated his supporters and asked them to show their position, the victim alleged.
He used the prohibited words to damage the image of the complainant and his parents, which was prohibited under the Scheduled Castes/Scheduled Tribes (SC-ST Act), 1989.
It was also stated that the complainant and his family members called on 100 number and when the police came to the spot, the accused fled from the spot. The accused with his supporters beat the complainant with heavy objects.
The complainant was admitted to Hindu Rao Hospital immediately. It.was also stated that the complainant belonged to Scheduled Caste.
On the basis of the complaint, the FIR was registered under Sections 323/341/506/34 IPC and Sections 3(i)(r)(s) of the SC/ST Act.
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