A Session Court decided to set aside the Magistrate Court Order & acquitted Aam Aadmi Party (AAP) ex- MLA Manoj Kumar in a case of assaulting a woman in 2014 under Section 352.
Additional Session Judge Geetanjali Goel in an order passed on Dec 22 allowed the appeal of Kumar & set aside the judgment dated 13.08.2019 by which the appellant Kumar was convicted for the offense under Section 352 of IPC.
Earlier in 2019, the Magistrate Court had held guilty/convicted him for the offence punishable under Section 352 Indian Penal Code & sentenced him to 7 days simple imprisonment.
The Magistrate Court had said that the lawmaker was "a public servant & therefore it was his duty to behave fairly & courteously to those who approach him with their problems".
Kumar has been convicted for commission of the offense of under section 352 (punishment for assault or criminal force otherwise than on grave provocation) of the IPC, magistrate Court had said.
While convicting Kumar, the Magistrate Court had acquitted him of the charge of 354 (assaulting the woman with intent to outrage her modesty) of IPC, saying, "the intention & motive of the accused might be to shoo away the complainant on some issue, but not to insult or outrage her modesty".
According to the complainant, in the year 2014, she with some other women went to the office of Manoj Kumar, who then was Member of the Legislative Assembly (MLA) of that Kondali area, with respect to the problems related to waterlogging. The MLA refused to meet them & told them not to disturb him. He thereafter allegedly pushed the complainant & asked his supporters to shoo them away from him.