Judge T S Sandhu prefers reform to punishment, orders convict to pray 5 times a day for 21 days
Judge Tejvant Singh Sandhu is 3rd Joint Civil Judge Senior Division & Additional Chief Judicial Magistrate. (Picture: Voice of Malegaon)
In what could be a landmark judgement, Judge Tejvant Singh Sandhu on Monday awarded an unusual sentence to a person convicted under Section 323 of the Indian Penal Code (IPC). The convict Rauf Khan Umar Khan (30) has been ordered to pray five times a day for twenty one days in Sonapur Masjid, Malegaon Camp.
He has also been ordered to plant two saplings in a suitable place near the mosque and take a good care of them. For proper implementation of the order, Judge Sandhu has appointed agricultural officer as Probationary Officer under Section 13-1-G of the Probation of Offenders Act, 1958.
However, Khan has been acquitted of much serious charges framed against him under Sections 325, 504 and 506 of the IPC. Instead of sending him to jail and slapping a fine on him, Judge Sandhu has given him a chance to remorse and reform.
The prosecution wanted strict punishment for the convict. But when the court asked the convict his opinion he said he was a poor man and has responsibility of his family on him. Hence he should be given least possible punishment. The court then came to the conclusion that it was a fit case for consideration under Section 3 of the Probation of Offenders Act, 1958. And hence, the court in order to give ‘Due Admonition’ to the convict decided to release him, Judge Tejvant Singh Sandhu
In 2010, Khan got embroiled in a verbal brawl that culminated into a fist-fight with the victim Mohammad Shareef Abdul Majeed Shaikh over parking of latter’s motorcycle near the former’s house. On April 28, 2010, the victim was sitting at Sayyad Baba’s home in a lane near Sonapur Masjid.
He suddenly heard a sound and when went out saw his bike was lying on the ground as it was struck by convict’s auto rikshaw. A verbal brawl ensued. During the heated argument, the convict roughed the victim up. After that the victim lodged a report with the Camp Police Station under Section 323, 325, 504, 506 of the IPC.
Judge Sandhu observed that in such cases, the court has discretionary powers under Probation of Offenders Act, 1958 either to send a convict to jail with or without fine or both or can give them a chance to rectify their past mistakes through self-reform.
