Rajasthan HC Directs Police Constable Who Slapped Defence Lawyer During His Cross-Examniation To Submit ₹25K With DLSA

The Rajasthan High Court recently directed a police constable, who slapped a defence lawyer during his cross-examination as a witness, to submit Rs. 25K with DLSA after accpeting his uncondititional apology tendered before the Court.

With this, the bench Justice Vijay Bishnoi and Justice Farjand Ali disposed of the criminal contempt petition registered on the basis of a complaint filed by the Additional District Judge, Gulabpura.

"...we are of the opinion that unconditional apology tendered by the respondent-contemnor can be treated as bonafide and keeping in view the fact that at the time of incident, the respondent-contemnor was having service period of around seven years only and he was appearing as a witness in the court for the first time, we are of the opinion that the unconditional apology tendered by the respondent-contemnor is liable to be accepted. The respondent-contemnor is a young person having two minor children and looking to the background of his family, a lenient view is taken in the matter," the Court remarked.

The case in brief 

The Additional District Judge, Gulabpura, District Bhilwara referred the matter to the High Court in August 2018 noting that when in a matter, where the contempnor was appearing as a witness, the defence counsel put a question to him, he became agitated and slapped the defence counsel and on account of that, the statement of the witness could not be completed and proceedings had to be deferred.

Initially, the contempnor defended his act by way of filing a reply that the defence counsel had threatened him and pressrused him to dance to his tune before the cross-examination commenced and during the hearing, the said lawyer kept on hitting his legs in an attempt to provoke him.

It was his case that though taking adavantage of the power cut, the said lawyer kicked his legs of the witness with force, as a result of which, his legs got hurt and he suffered the deep pain and as a result whereof, he lost his mental equilibrium and he just gave a very soft slap to the said defence lawyer.

During the contempt proceedings, he claimed twice that in view of pendency of the proceedings agaisnt him under Section 228 IPC [Intentional insult or interruption to public servant sitting in judicial proceeding], the contempt proceedings initiated against him be dropped.

However, later on, druing the Court proceedings, he got ready to tender unconditional apology and requested the Court to accept the same and the contempt proceedings initiated against him be dropped. He also claimed that he doesnt even want to press the complaint filed by him under Section 156(3) CrPC against the defence advocate in question in the court of ACJM, Gulabpura, District Bhilwara.

Court's observations

After a careful scrutiny of the replies filed by the contemptnor, the Court came to a conclusion that he had admitted the fact that he slapped the Advocate while he was cross-examining him. The Court further noted that though he had tried to justify his act on the ground that the Advocate had kicked him first, however, this argument was not convincing and the same was the result of an afterthought.

However, taking into account the fact that he did not want to press his defence, the Court found it appropriate to accept his unconditional apology treating the same to be bonafide and keeping in view the fact that at the time of incident, he was having service period of around 7 years only and he was appearing as a witness in the court for the first time.

Consequently, the contempt plea was disposed of and the complaint filed by him under Section 156(3) CrPC in the court of ACJM, Gulabpura, District Bhilwara for the offences (allegedly committed by the advocate in question) under Sections 384, 504, 332, 353, 195A, 186 and 189 IPC was quashed.

However, the proceedigs in connecion with 228 IPC shall continue to proceed, the Court clarified.

Case title - ADJ, Gulabpura, Bhilwara v. Rameshchandra

Case Citation: 2022 LiveLaw (Raj) 248

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