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Razia Khan vs. The State of M.P.

Criminal Appeal · 2023 INSC 667Decided 3 Aug 2023
Criminal Appeal No. 2259 of 2023
Abhay S. Oka · Sanjay Karol

Background

In December 1992, the appellant, a social worker, forced her way into the chamber of a Directorate of Women and Child Development official who was holding an official meeting, threw a file at him and abused him. When another officer present tried to intervene, the appellant pushed her, fracturing her finger. The Sessions Court convicted the appellant under Sections 333, 353 and 451 IPC and the High Court upheld the conviction while reducing the sentence to six months' rigorous imprisonment on each count. The Supreme Court had earlier limited its notice only to the question of sentence, not the conviction itself.

Decision Breakdown

The Supreme Court confirmed the conviction but further reduced the sentence, weighing several cumulative factors: the incident was over 30 years old, the appellant remained on bail throughout with no further misconduct, and she was now a 62-year-old woman. Since the offence under Section 333 IPC carried a mandatory minimum of both imprisonment and fine, she could not be let off with only a fine, but the Court brought the sentences down to short terms of simple imprisonment (one month each, running concurrently) along with fines totalling ₹75,000, part of which was directed to be paid to the injured witness as compensation.

Lesson Learnt

Even where a conviction for assaulting or obstructing a public servant is upheld, courts retain discretion to significantly moderate the sentence based on factors like extreme delay, the accused's conduct during that time, age and other mitigating circumstances, sentencing is not mechanical once guilt is established.

Official source (sci.gov.in)View Judgment (PDF)

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