Thane: A 52-year-old Thane-based businessman, Ramesh Shitkar, who was arrested by the Rabodi police in 2016 for allegedly assaulting a traffic constable in Thane, has been convicted by the Thane Sessions Court. However, he has been sentenced to just one day in custody.
Court Imposes One-Day Custody, ₹10,000 Total Fine
Shitkar was found guilty under Sections 332 (voluntarily causing hurt to a public servant) and 353 (assault or criminal force to deter a public servant from discharge of duty) of the Indian Penal Code (IPC). He was sentenced to undergo one day of imprisonment and was fined Rs 5,000 under each of the two charges.
Acquitted of IPC Section 504 Charge Due to Lack of Provocation Evidence
However, the court acquitted Shitkar of the charge under Section 504 of the IPC, which pertains to intentional insult with intent to provoke breach of peace.
In its judgment, the court observed: “As regards the offence under Section 504 of IPC, the officer stated in the FIR that the accused insulted him using filthy language, but the fact that such an insult provoked the officer to breach public peace is not proved, as none of the prosecution witnesses deposed to that effect. Thus, it is not established that the accused intentionally insulted the informant and thereby provoked him in a manner likely to cause a breach of peace. Hence, I am of the view that the charge under Section 504 of IPC is not proved against the accused. Whereas, the charges under Sections 353 and 332 of IPC are proved against him.”
Incident Took Place at Thane’s Cadbury Junction on November 18, 2016
According to the prosecution, the incident occurred on November 18, 2016, at Cadbury Junction in Thane. As per the evidence, Police Constable Dilip Kisan Pawar was on traffic duty when he signaled a car driven by Shitkar to slow down. Shitkar allegedly stopped his car in the middle of the road, got out, verbally abused the officer, and slapped him multiple times.
Prosecution Relied on Seven Witnesses, Medical Report Confirmed Injury
The prosecution’s case was supported by the testimony of seven witnesses, including the victim, Constable Pawar, and an independent eyewitness, rickshaw driver Umesh Tiwari. Both confirmed that Shitkar assaulted the officer.
Medical evidence from Dr. Kalpana Male corroborated their statements, revealing that Constable Pawar had sustained a simple injury—swelling on his left cheek—within six hours of the incident.
Accused Claimed False Case Filed After Minor Accident with Rickshaw
In his defense, Shitkar claimed the case was false, alleging that the police officer failed to take action after a minor accident between his car and a rickshaw.
