Principal assault case: Court dismisses appeal against sentence by victim government official

New Delhi [India], October 30 : Delhi's Rouse Avenue court on Monday dismissed the appeal filed by a School principal challenging the sentence of probation awarded to AAP MLA Abdul Rahman and his wife in an assault case.
The court also dismissed the appeal of AAP MLA Abdul Rahman, challenging his conviction.
The then-government school principal, who is currently the senior officer of the Education Department, was assaulted and criminally intimidated in 2009.
Special judge Geetanjali Goel dismissed both petitions. A detailed judgement is awaited.
On August 16, the Court issued notice on an appeal challenging the order of sentence and release of AAP MLA Abdul Rahman and his wife on probation for one year in a case of assaulting a woman principal of a government school in 2009.
The present criminal appeal has been filed under Section 11(2) of the Probation of Offenders Act, 1958, by the appellant for setting aside the order on sentence dated June 7, 2023.
which the respondents were given the benefit of probation and released on probation.
On June 7, 2023, the Court released AAP MLA Seelampur Abdul Rehman and his wife on the condition of keeping peace and being of good behaviour. They were convicted in the month of April in a case of assault of a government servant.
While releasing the convicts, the court said, "The offences proved against the convicts are not punishable with death or imprisonment for life, and I am of the opinion that, having regard to the circumstances of the case, it is expedient to release them on probation for good conduct."
The court passed the order after considering the report of the probation officer and said that the convicts have a fixed abode within the local limits of the NCT of Delhi, they are gainfully employed, and as per the report of the probation officer, they have a favourable and positive report about their behaviour. There are no complaints of anti-social behaviour against them.
The report of the probation officer further states that the convicts have mental agony due to the present case and have good chances of reformation, as the judge said.
The court had imposed conditions, including that convicts shall not involve themselves in any offence, and registration of any further case shall make them liable for cancellation of probation.
The convicts shall receive the sentence as may be given by the court if the benefit of probation is withdrawn, the court said.
The convicts shall maintain peace and harmony and refrain from criminal activity, as the court has directed.
The court also directed that the convicts be further directed to deposit Rs 13,579 as the cost of prosecution.
The court had further directed that the matter be taken up again after a gap of 12 months for further consideration on punishment in terms of Section 4 of the Probation of Offenders Act, 1958.
"In the meantime, it is specified that any breach of peace will have consequences as per law," the judge said in the order passed on June 7.
The Court had convicted a Member of Legislative Assembly (MLA) from Seelampur constituency for criminally intimidating and assaulting a government school principal in 2009. He is an MLA from the Aam Aadmi Party (AAP).
The Additional Chief Metropolitan Magistrate (ACMM) had convicted MLA Abdul Rehman and another accused, Asma, under offences for assault or criminal force to deter a public servant from discharge of his duty and criminal intimidation with common intention.
The court had said, "Having carefully considered the entire case, the documents placed on record, the police report, the testimonies of the prosecution witnesses, the statements of the accused persons, the arguments advanced by both sides, and the provisions of law and the rule of procedure, this court holds that the prosecution has successfully proved its case, beyond reasonable doubts, against accused Asma that she caused simple hurt to the person of a public servant in discharge of her duties".
The prosecution has further proved beyond reasonable doubts that both the accused persons, i.e., Abdul Rehman and Asma, in furtherance of their common intention, criminally intimidated the complainant and assaulted her while she was holding the office of public servant and was in discharge of her duties as public servant, to deter her from discharging her duties, said the Court.
Accordingly, both the accused are hereby convicted for the offences u/s 353/506 (Para II) r/w 34 IPC, and additionally, the accused Asma is hereby separately convicted for the offence u/s 332 IPC, as the court had said in order.
According to the police, Razia Begum, who at the time of the incident was employed as a government servant working under the Directorate of Education, was holding the post of principal of a government school on the date of the alleged incident.
As per the complainant, on February 4, 2009, while performing duties as a principal of SKV School, Jafrabad, Delhi, she was slapped by the accused, Asma, thus causing simple hurt to the complainant.
It was further alleged that the co-accused, Abdul Rehman, along with a few other persons, barged into the school after having made preparations to cause hurt. As per the complainant, the accused persons also threatened to kill her and abused her with the intention of outraging her modesty.