Lorry driver fined ₹11,500 for assaulting PSI on Mangaluru road
The second Additional District and Sessions Court, Dakshina Kannada, overturned the acquittal order of lower court to impose fine of ₹11,500 on a lorry driver for assault of police sub-inspector (PSI), Mangaluru South Police Station, on U.P. Mallya Road in Mangaluru in July 2013.
Judge V.N. Jagadeesh, on June 25, convicted Kiran Johnson Pereira, 31, of Farangipet, for offences punishable under sections 506 (criminal intimidation), 323 (voluntarily causing hurt) and 332 (voluntarily causing hurt to deter public servant from duty) of Indian Penal Code (IPC) and under Rule 69 read with section 177 of Indian Motor Vehicle (IMV) Act.
The judge imposed fine of ₹5,000 each for offences under sections 332 and 506 of IPC, and ₹1,000 for offence under section 323 of IPC. The lorry driver was asked to pay fine of ₹500 for the offence under Rule 69 read with section 177 of IMV Act.
In the judgement the judge observed that there was evidence to show that the lorry driver on July 29, 2013, drove his vehicle on the road where Deputy Commissioner has barred movement of heavy vehicles between 8 a.m. and 8 p.m. On being questioned by the PSI discharging duty on the road, the lorry driver assaulted the PSI, gave a life threat to the officer. After the driver was assaulted by people, he abandoned the vehicle and ran away, the judge noted.
The second Judicial Magistrate First Class (JMFC) Court, Mangaluru, on December 29, 2023 acquitted the lorry driver.
Allowing the appeal filed by the State, Judge V.N. Jagadeesh said the finding recorded by the trial court was contrary to the evidence available in the case.
The judge directed the trial court (2nd JMFC) to secure presence of the accused to pay the fine amount. The entire fine amount of ₹ 11,500 should be remitted to the government, the judge stated.
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