HC suspends prison sentence of senior income tax officer convicted of assaulting railway ticket checker

Bombay High Court suspends prison sentence of senior income tax officer convicted of assaulting railway checker in 2016, pending appeal.

Mumbai: The Bombay High Court suspended the six-month prison sentence of a senior income tax officer who was convicted of assaulting a railway ticket checker in 2016. The officer, identified as Rishikumar Madanprasad Singh, appealed against his conviction and sought a stay on the sentence pending the final disposal of his appeal.

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The incident dates back to October 8, 2016, when an FIR was lodged against Singh at the CSMT Railway Police Station in Mumbai. According to the prosecution, Singh was accused of travelling without a valid railway local train ticket. When approached by the ticket checker, Singh failed to produce a valid ticket. Subsequently, the checker requested Singh to pay the fine for the offence. However, Singh, identifying himself as an Assistant Commissioner of Income Tax, refused to pay the fine. Instead, he allegedly attempted to leave the railway station hastily.

As the confrontation escalated, the prosecution asserted that Singh became agitated. It was alleged that he assaulted the checker with his footwear. The defence however countered this by claiming that the informant was not in uniform at the time of the incident.

Based on the evidence presented, the trial court found Singh guilty of the charges and convicted him accordingly on November 28, 2023. He was sentenced to rigorous imprisonment for six months for offences including assault and another ₹50,000 fine.

During the hearing, Singh’s counsel argued that Singh, who was an Assistant Commissioner of Income Tax at the time of the incident and is now serving as a Deputy Commissioner, had an unblemished service record. They emphasised that the incident occurred in a moment of haste and that Singh had no intention to commit the offence. Additionally, they presented a certificate from a Joint Commissioner of Income Tax praising Singh’s character and work ethic. On the other hand, the prosecution opposed the application for a stay, arguing that a conviction should not ordinarily be suspended and that Singh’s position as a public servant warranted careful consideration. They highlighted the seriousness of the offence and the potential consequences of allowing Singh to continue in his role despite the conviction.

After hearing arguments from both sides, Justice MS Karnik concluded that while the court must be cautious in staying convictions, in this instance, the suspension of Singh’s sentence would serve the larger public interest. Noting Singh’s otherwise commendable service record and the absence of a conviction under the Prevention of Corruption Act, the court decided to grant a stay on his sentence. In light of the decision, Singh will be able to continue in his role as Deputy Commissioner of Income Tax pending the final disposal of his appeal.