Offer Namaz And Plant Two Trees: Malegaon Court Directs Muslim Man In Road Accident Brawl Case

Earlier this week, a Magistrate in Malegaon, Maharashtra ordered a Muslim man to offer five times namaaz for 21 days and plant two trees in a road-accident brawl case for voluntarily causing hurt (Section 323 IPC).

Magistrate Tejwant Singh Sandhu passed the order on February 27 and observed that Section 3 of the Probation of Offenders Act could be applied in the present case. The Act empowered magistrates to release a convict after admonition or appropriate warning to ensure he or she does not repeat the offence.

“According to me, giving appropriate warning means, to give an understanding that the crime had been committed, the accused has been proven guilty and he remembers the same so that he does not repeat the offence again,” the order said.

The court noted that since the offence was committed near the Sonapura Masjid premises it would be appropriate for Khan to plant the trees there and care for them. Also, since he had admitted he was a devout Muslim but was unable to find the time for prayers, offering a five-time namaz for 21 days would be appropriate. 

30-year-old convict, Rauf Khan, was booked in a 2010 case for allegedly assaulting a man and hurting him over a road accident brawl. Khan was booked under Indian Penal Code Sections 323 (voluntarily causing hurt), 325 (voluntarily causing grievous hurt), 504 (intentional insult to provoke breach of peace) and 506 (criminal intimidation).

The court held Khan guilty under IPC Section 323 and acquitted him of the other charges.

Click Here To Read/Download The Order