Mumbai: Sessions Court Denies Discharge For 18-Year-Old In Assault Case; Deems Fist Blow Likely To Cause Hurt

Mumbai: A sessions court has refused to discharge an 18-year-old student, a juvenile in conflict with law who was booked for assaulting a fellow student, resulting in severe injuries on his jaw. The court said when the fight started, the appellant had clear knowledge that fist blow on the victim's face was likely to hurt him.

As per the prosecution, the case against the juvenile, who has now turned 18, was registered on December 27, 2021. As the victim had to undergo a surgery, a case of voluntarily causing hurt was registered. The teen moved a discharge plea before the juvenile justice board, which was rejected. Hence, he approached the sessions court.

In his defence, the teen claimed that the injury sustained by the victim was not serious. From the statements of witnesses, it is clear that there was a sudden fight between the duo and that there was no intention to cause any injury, said the accused. He further argued that there is no reference of use of any weapon in the statements of witnesses. The prosecution contended that there was a fracture on the jaw, which proves that the injuries were serious.

Rejecting the discharge plea, the court observed, “It is clear that when the fight started, the appellant was having clear knowledge that fist blow on the victim's face is likely to cause hurt to him. Therefore, the act definitely falls under section 321 related to voluntarily causing hurt.”

From the perusal of the chargesheet, it is clear that there is sufficient evidence against the accused, the court noted. “Whether fist blow is a weapon of offence likely to cause death will be decided at the time of appreciating the prosecution evidence,” it added.