Two men get two-year jail term for assaulting police personnel, bid to escape from custody

Mumbai, Dec 4 (PTI) A court here on Thursday sentenced two men to a jail term of two years for assaulting policemen and attempting to escape custody by throwing a chemical powder into a constable's eyes in 2018.

Additional sessions judge Avinash Kulkarni found the accused - Abbas Jafer Ali Khan (28) and Sunil Chavan (25) - guilty of offences committed under Indian Penal Code (IPC) sections 224 (attempt to escape custody), 353 (assault to deter public servant) and 332 (voluntarily causing hurt to public servant).

At the time of the incident, the accused duo was held under the Arms Act and the Maharashtra Control of Organised Crime Act (MCOCA).

The court found that their offence (of assault on policeman and attempt to escape) was "sufficiently grave to warrant a substantive sentence".

It, however, noted that while determining the quantum of punishment, the mitigating factors, such as absence of previous criminal antecedents, need to be considered.

Taking into account the fact that the duo are the sole breadwinners for their families and their conduct during trial and custody, the court ruled that two-year simple imprisonment "is considered just, proportionate and sufficient to meet the ends of justice".

The incident occurred on July 9, 2018, when the accused were being brought to Esplanade (Killa) court in south Mumbai from Arthur Road jail in central Mumbai.

The prosecution, represented by Additional Public Prosecutor Anand Sukhadeve, said the accused requested to use the washroom, following which they were escorted to a toilet at the Crime Detection Cell of the Azad Maidan police station (which is on the court premises).

Upon returning, accused Abbas suddenly threw a powdery substance into the eyes of one police constable, causing severe burning and temporary vision loss, the prosecution claimed.

Simultaneously, Chavan assaulted another constable and both of them attempted to flee the premises.

However, other police personnel immediately chased the duo and apprehended them, the prosecution said.

During the course of the trial, the prosecution examined eight witnesses, including the injured constables.

Another vital evidence for the prosecution was the CCTV footage retrieved from the Azad Maidan police station, which showed the accused pushing the police personnel and running away.

After reviewing the evidence on record and testimony of the witnesses, the court ruled that the prosecution succeeded in proving its case. PTI AVI NP