Mumbai: The sessions court has sentenced a resident of Borivali, Sagar Paresh Gosaliya, to two years of simple imprisonment for dragging a police constable nearly 100ft with his motorcycle in 2015. Additional sessions judge KR Deshpande (Dindoshi court) found the accused, Sagar Gosaliya, guilty of offences under Indian Penal Code (IPC) sections 353 (assault or criminal force to deter public servant from discharge of his duty) and 332 (voluntarily causing hurt to deter public servant from his duty).
In the detailed order available on Friday, the court ruled that the accused dragged the constable by “breaking the command”, caused simple injuries to him and thereby deterred him from discharging his duty. “I find that the provisions of both these sections are very well drawn in this case,” the court said.
About The Case
The incident took place over a decade ago on April 21, 2015. According to the prosecution, constable Jagdish Bhimrao Zende was on duty at an anti-chain snatching point in suburban Borivali.
At around 12.15 pm, he stopped Gosaliya coming from Sudhir Phadke bridge when his motorcycle was stopped on suspicion. When asked for documents, Gosaliya admitted they were at his home nearby, the prosecution said. The constable allowed him to get the documents but instructed him to hire an autorickshaw, and even gave him money for the fare. However, instead of complying, Gosaliya attempted to flee towards Devidas Lane on his motorcycle.
When constable Zende grabbed his arm to stop him, Gosaliya accelerated, dragging the constable for approximately 100ft along the road, the prosecution said, adding that Zende was rescued when people intercepted the bike. It claimed that the constable sustained injuries, his uniform was torn, and his glasses were broken. The judge stressed that the behaviour and action of the accused “definitely amounted to using criminal force to deter the informant from discharging his duty”.
The defence pointed out the lack of bloodstains on the constable’s torn trousers to question the severity of the injury. Just because the accused did not assault the informant it does not mean that the provisions of section 353 of IPC are not attracted in this case," the court said.
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