Convicted in assault case, AAP MLA and wife released on probation for one year
AAP’s Seelampur MLA Abdul Rehman and his wife, Asma, were convicted on April 29 on charges of assaulting and intimidating a school principal in Delhi in 2009
A Delhi court on Wednesday released convicted AAP MLA Abdul Rehman and his wife Asma on probation for one year on the condition of maintaining peace and good behaviour.
Additional chief metropolitan magistrate (ACMM) Harjeet Singh Jaspal passed the order after hearing the submissions of the counsels and considering the report of the probation officer which had been called for by the court on the prayer of the defence counsel.
A probation report is a confidential document filed under the Probation of Offenders Act. The Act provides for the release of an offender by the court on probation or after due admonition.
“There is nothing negative in the probation reports against the convicts, rather the probation officer has recommended that the cases of the convicts be considered for the benefit of probation”, the judge noted in the order after going through the report.
The court had also observed the report of the probation officer said that there are good chances of reformation of the convicts in this case.
“Having heard both the sides and having considered the aggravating and mitigating circumstances and having considered the nature of the offences, the background in which the offences were committed, the antecedents of the convicts and the possibility of reformation in view of the report of the Probation Officer, I am of the considered opinion that in the matter at hand, the convicts deserve the benefit of probation”, the order said.
The court however while releasing the convicts has also directed that the matter would be taken up for further consideration on punishment after a gap of 12 months in terms of Probation of Offenders Act 1958.
The court further specified that “any breach in peace will have consequences as per law”.
The court also imposed the conditions that the convicts shall not involve in any offence and registration of any case shall make them liable for cancellation of probation and shall receive the sentence as shall be given by the court.
The court also directed the convicts to deposit Rs. 13,579 as cost of prosecution.
The court further clarified that since the conviction of the accused has been dealt with under the Probation of Offenders Act, they shall not suffer any disqualification as provided under section 12 (Removal of disqualification attaching to conviction) of the Act.
The court had on April 29 convicted the MLA from Seelampur and his wife under charges of assault and criminal intimidation of a school principal in Delhi in 2009.
The court had passed the order convicting the two for the offences u/s 353/506 (Para II) r/w 34 IPC (use of assault to deter public servant from discharging his duties, criminal intimidation and acts done in furtherance of common intention) and additionally Asma was convicted for the offence U/s 332 IPC (voluntarily causing hurt to deter a public servant from his or her duty).
The court was hearing a case where Razia Begum, who was employed as a principal at the time of the incident, was slapped by Asma for denying permission to her daughter to commute by scooty to the school and make provisions for safe and sound parking of the scooty.
Begum also alleged that Rehman, along with a few other persons barged into the school and threatened to kill her and abused her with an intention to outrage her modesty.
