Metropolitan Magistrate Jagminder Singh let off South West Delhi resident Lalit Kumar on probation also on grounds of being the sole bread winner of the family and that he had apologised for his behaviour.
"The convict submits that he is facing trial since 2001 ie, for last about 11 years and continuously appearing before the court. Attending court on each date may be considered equivalent to simple imprisonment of one day," said the court, letting off the convict on probation on ground that he faced the trial for 11 years.
The prosecution case dated back to September 10, 2000 when Lalit, a teacher by profession, had abused and assaulted Bihar native Mohan Kumar.
The prosecution had told the court that Lalit abused and assaulted Mohan with a dangerous weapon when the victim had gone to his cousin's house where the accused too was present.
The court convicted Lalit for beating up Mohan but held that there was not sufficient evidence to conclude that a dangerous weapon had been used by him to injure the victim.
It noted that the convict has a child and wife to look after and he is the only earning member of his family.
"Keeping in view the reformative theories of punishment, court thinks that the convict does not deserve any further substantial imprisonment behind the bar. Benefit of probation is given to the convict," the judge said.
