Mumbai: A sessions court on Tuesday convicted a 27-year-old man for physically assaulting, verbally abusing, and obstructing a BEST bus conductor in 2018 following a dispute over Rs 42 change for the ticket fare.While the court found Rahul Swami, who is employed as a food delivery boy, guilty of causing hurt to a public servant, it took a lenient view due to his age then, clean record and family responsibilities, granting him the benefit of probation instead of a sentence. Under the Probation of Offenders Act an accused can be let off on a bond of good behaviour instead of serving prison time.“Accused is released on probation of good conduct on entering into a bond to appear and receive the sentence when called upon during the period of one year from the date of order and in the meantime to keep the peace and to be of good behaviour under section 4 of the Probation of Offenders Act,” judge K M Jaisingani said. The maximum sentence attracted is five years in jail.The accused was also ordered to deposit Rs 5,000 compensation to be paid to the victim, Ashfaq Shaikh, for the injuries caused. “…looking at the nature of offence, awarding compensation to the informant would serve the ends of justice. In the incident, the informant (Shaikh) sustained injuries on his lips and cheeks. On account of such injury, he would have undergone severe pain. Already he was operated on and he had a history of brain tumor. After his operation, the present incident took place..,” the judge noted.TThe incident dates back to July 29, 2018, when Swami boarded a bus on route at Colaba. According to the prosecution, Swami handed a Rs 50 note to Shaikh for an Rs 8 ticket from Colaba Post Office bus stop to Colaba Market bus stop. Although Shaikh called out to return the Rs 42 balance, Swami initially left the bus without the money, only to board again at the next stop in a fit of rage. He then proceeded to abuse, kick, and slap the conductor multiple times, despite the refund being offered.During the trial, the prosecution relied on the deposition of the conductor, the bus driver, and an independent eyewitness who was a passenger during the scuffle. Medical evidence from St George Hospital confirmed that Shaikh suffered redness and pain in his cheeks and nose. While the defence argued that the injuries were the result of a general scuffle and that the conductor was the aggressor as he did not want to return the change, the judge dismissed these claims, noting that the presence of the accused and the act of violence were clearly established.The judge observed that the evidence of the independent witness was crucial in verifying the assault. “From his evidence, it is clear that he deposed about the incident, i.e. whatever took place in his presence. Moreover, his evidence corroborates with the evidence of an informant. So the evidence of the informant conductor, bus driver of bus, and independent witness inspires confidence,” the judge said.
