July 15, 2019:
Nine years after a Vakola resident's Scorpio SUV ran over a stray dog at his housing society, Bombay High Court ordered dropping of criminal proceedings against him.
Vakola Police had booked Farooque Ragaria under Section 428 of IPC for committing mischief by killing or maiming an animal.
A Bombay High Court division bench of Justices Ranjit More and Bharati Dangre held that a criminal case was not made out against Ragaria.
"Reading the definition of 'mischief' makes it clear that wrongful loss or damage requires to be done with intention or knowledge.
The information by the complainant is hearsay. That cannot be taken into consideration as it is not admissible as evidence. So far as other two eye-witnesses are concerned, the statement does not disclose that the petitioner ran over his car with intention to kill or injure it. Moreover, the complainant is not the owner of the dog," said the judges. Having perused the charge-sheet, they said, the offence was not made out.
"Continuation of criminal proceedings would be an abuse of process of law. No purpose would be served by continuing the proceedings," added the judges.
Ragaria entered the society gates around 8pm on May 8, 2010. Two strays, being looked after by some society members, were in the compound. As the SUV approached, one moved away, while the other was run over.
Members took the dog for treatment and few days later an FIR was lodged. If convicted, he could have been punished with a term of up to two years.
Police had recorded statements of two witnesses, who claimed the accused had increased the speed of the car as he entered the society. The court pointed out that the FIR was lodged after seven days. Further, it was hearsay as the complainant said she was informed of the accident by the secretary.
The statement of the secretary was not recorded by Police, the court said.
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