Notepad attack on helmetless biker gets cop convicted

Ahmedabad: It should have been a routine traffic enforcement check, but turned into a criminal case that lasted almost 18 years. What began as an effort to stop a helmetless motorcyclist ended with the biker falling on the road and injuring himself.

Now, an Ahmedabad rural court has held a retired traffic constable guilty of causing the accident by throwing a notepad at the rider.However, while convicting former traffic constable Laljibhai Makwana, the court stopped short of sending him to jail, citing his age, service background, and other mitigating circumstances. Instead, it granted him the benefit of probation and directed that compensation of Rs 30,000 be paid to the injured motorcyclist.The case dates back to Nov 19, 2007, when Makwana was posted on traffic duty at Shivranjani crossroads. According to the prosecution, Manish Makwana approached the junction on a motorcycle, with his sister riding pillion. He was not wearing a helmet.According to the prosecution, the traffic constable signalled the biker to stop. When he believed the rider was unlikely to comply, he hurled the notepad he was carrying towards the motorcycle.

The notepad struck the rider in the face, causing him to lose control of the vehicle. Both the rider and his sister fell onto the road. The impact damaged the rider’s spectacles and left him with an eye injury. Another policeman present at the spot rushed him to hospital for treatment.The following day, the injured rider lodged a complaint against the traffic constable. After the investigation, a chargesheet was filed, and the matter proceeded to trial.Upon examining the evidence, the court concluded that the retired policeman was guilty of assaulting the motorcyclist and causing the injuries that followed.During the sentencing stage, Makwana urged the court to take a lenient view. He requested that compensation be imposed instead of imprisonment.Additional chief judicial magistrate Nirmalsinh Gadhvi accepted the plea. The court observed: “Considering the age of the accused at the time of the incident as well as his present age, his profession, family responsibilities, the circumstances of the case, the nature of the offence and the impact of a conviction on his future prospects, the court finds it appropriate to extend the benefit of Section 5(1) of the Probation of Offenders Act, 1958.

Instead of imposing a jail sentence, the court is of the view that the ends of justice would be adequately served by directing the accused to pay reasonable compensation to the injured person.”