Mumbai man sentenced to four months in prison after his pet dog bites neighbor

A Magistrate court in Mumbai recently sentenced a Worli resident to four months in prison after his pet dog bit and injured a neighbor inside a residential building lift [State of Maharashtra v Rishab Maushik Patel].Judicial Magistrate First Class Suhas Vijaya P Bhosale observed that the dog was “sicced” on the victim despite repeated warnings and that the accused failed to exercise caution with a potentially dangerous animal. “Looking at aggravating circumstances it appears from record that at the time of incident one and half year old son of the informant was with him inside the lift. The way in which the accused dragged his pet inside the lift as is visible from CCTV footage (Exh. 25) shows that he is not compassionate towards his own pet. He did not care about the informant, his son and dragged his own pet inside the lift which is normally meant for use by the human. The act of accused resulted in injury to the informant. Considering punishment prescribed for the offences proved and facts of case, the accused is certainly not entitle to too much leniency," the judgment dated May 21 said. .The case stemmed from an incident on February 1, 2018, in Worli's Alfa Apartment. The victim, Ramik Shah, was in the lift with his one-and-a-half-year-old son and domestic help when the lift stopped on the third floor, where the accused, Rishab Patel, attempted to enter with his Husky. Despite Shah’s requests to wait due to his child’s fear of dogs, Patel allegedly forced his way in and reportedly "sicced" the dog on Shah. The dog bit Shah’s left forearm after which Shah sought medical treatment and lodged an FIR at Worli Police Station. The accused was later charged under Sections 324 (voluntarily causing hurt), 289 (negligent conduct with respect to animal), and 506 (criminal intimidation) of the Indian Penal Code (IPC)..During trial proceedings, the prosecution argued that witness testimony, CCTV footage and medical reports clearly corroborated the incident and established the accused's culpability. The defense contended that there were inconsistencies, including the time of hospital admission, and cited alleged animosity between the parties as grounds for false implication. He also questioned the validity of the CCTV footage due to procedural lapses in its collection and argued that delayed medical attention undermined the claim of a bite.After careful consideration, the court found Patel guilty under Sections 324 and 289 of the IPC. “Overall from the facts on record the prosecution has successfully proved all material ingredients of Section 324 of IPC. The accused knowingly omitted to take such order with his pet dog as is sufficient to guard against any probable danger to human life, or any probable danger of grievous hurt from his pet to the informant, his son and Mr Anuj Singh. Thus, there is sufficient evidence to prove all material ingredients of charge punishable under Section 289 of IPC," the Court said. .However, the Court acquitted Patel under Section 506 of IPC (criminal intimidation), noting the lack of specific evidence supporting a threat of criminal intimidation.Patel was sentenced to four months of rigorous imprisonment and fined ₹3,000 under Section 324 IPC, and three months of rigorous imprisonment and a fine of ₹1,000 under Section 289 IPC. The sentences are to run concurrently. In default of fine payment, Patel will serve an additional 15 days in custody. The Court also directed that the fine amount, upon finality of the judgment, be paid to the informant as compensation..Asssistant Public Prosecutor Enakphal appeared for the State.Advocate RR Mishra appeared for Patel..[Read Judgment].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.