A Delhi court has released Aam Aadmi Party MLA Prakash Jarwal, held guilty of intimidating a woman in Sangam Vihar area last year, on probation for one year.
The court directed Jarwal to pay Rs 1 lakh as the cost of court proceedings and asked him to ensure that he is not involved in any offence during the period, saying that any registration of FIR against him may make him liable for cancellation of probation.
Jarwal will receive the sentence as may be given by the court if the benefit of probation is withdrawn, the court said on October 27.
"Considering primarily that the complainant had not suffered any physical injury in this case and in order to give an opportunity to the convict to reform himself, I am not inclined to award a sentence forthwith and deem it fit to release the convict on probation of good conduct for period of one year...," said Additional Chief Metropolitan Magistrate Samar Vishal.
He however set certain conditions.
"The convict shall deposit Rs one lakh in the court as the cost of proceedings in the court... The convict shall not involve himself in any offence and any registration of FIR against him may make him liable for cancellation of probation and he shall receive the sentence as may be given by the court if the benefit of probation is withdrawn," Vishal said.
The court further directed Jarwal to maintain peace and harmony and to refrain from any criminal activity.
While allowing Jarwal's plea to release him on probation of good conduct, the court considered that Jarwal was not a previous convict and was of 30 years of age.
During the proceedings, Jarwal told the court that "being in political life, he has to serve the society and therefore leniency may be shown to him in punishment".
He also told the court that he got married last year and has a family to support and the offence for which he was convicted was not very serious in nature and that the complainant had not received any injury.
The public prosecutor appearing for the police told the court that the Jarwal was a habitual offender and he should be awarded maximum punishment without any leniency. The maximum punishment for the offences he was held guilty of, was two-year-jail term.
Jarwal was convicted in 2017 case for the offence punishable under 352 (assault or criminal force otherwise than on grave provocation) and 506(1)(criminal intimidation) of Indian Penal Code.
According to the FIR, on July 14, 2017 the Jarwal along with his associates went to the house of the complainant and assaulted her with an intention to outrage her modesty and intimidated her and her husband.
A charge sheet was filed under sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 509 (word, gesture or act intended to insult the modesty of a woman) and 506 (criminal intimidation) of IPC.
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