NAGPUR: Nearly seven years after a dog bit a nine-year-old child, a court of judicial magistrate first class (JMFC) on Monday awarded six months simple imprisonment to the pet’s owner.
While convicting Dr Sangita Vijay Balkote, a resident of Shrikrushna Nagar in the city, for the offences punishable under Section 289 of the Indian Penal Code (IPC) vide Section 248(1) of the Code of Criminal Procedure (CrPC), the JMFC court presided over by JD Jadhao also slapped a Rs50,000 fine on her. This amount would be handed over to the child’s mother Sonal Nandkumar Badkule, who had lodged a complaint under Section 357 of the CrPC.
“Due to the negligent act of the accused, the victim’s life is in danger till date because of the infection from the dog’s bite. It may flare up at any time. Hence, considering the fact and nature of offences along with submission of the accused, awarding six months imprisonment would meet ends of justice,” the judge said.
As per the Section 289, “whoever knowingly or negligently omits to take such order with any animal in his possession as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from such animal, shall be punished with imprisonment of either description for a term which may extend to six months”.
As per the complainant, the incident dates back to June 29, 2014, when her son was walking with his friends on a road in front of their home at Nandanvan in morning hours. The accused’s pet dog along with another dog chased and bit him, that left him severely injured. He sustained bite injuries on the neck, shoulder and legs. Subsequently, an aggrieved Badkule lodged a complaint with Nandanvan police station.
The investigations were carried out by head constable Mahadeo Korpe and others. On January 2, 2015, the accused was presented in the court for her testimony. Public prosecutor Mona Raut pleaded for the cops.
While pronouncing the verdict, the JMFC warned that in default of payment of compensation, the accused would undergo further imprisonment for six months. “The bail bonds of the accused would be surrendered and all the sentences would run concurrently. The copy of this judgment be given to the accused free of cost,” the judge said.
The doctor was also convicted under Section 338 of IPC, which states that “whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to Rs 1,000, or with both”.