The prosecution alleged that on January 16, 2008 the accused had driven his motorcycle in a dangerous manner, took U turn when was not permissible, scuffled with the Traffic Constable, causing him hurt, threatening and abusing him in filthy language. The court said that both the prosecution witnesses though have given a little varying versions their narration of the incident is quite consistent on all material aspects.
The court, however said that the behaviour of the accused as brought on record was not equivalent to disorderly behaviour in public place. "The evidence about the alleged dangerous driving is also not convincing enough since the informant did not supply much details in that regard. Therefore, except section 353 of Indian
Penal Code (causing obstruction to the informant in discharge of his duty as public servant) other offences are not proved. The prosecution thus has succeeded in bringing home the guilt to the extent," the court said.
During the sentencing the defence lawyer sought leniency for the accused. "Considering the age and antecedents of the accused, the nature of offence and the fact that the accused is not shown to have any record of previous conviction the punishment, in my opinion, would be commensurate to meet the ends of justice," the court said.
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