Breaking: Delhi Court Sentences AAP Leader Somnath Bharti For Two Yrs Imprisonemnt AIIMS Case

A Delhi Court comprising of Additional Chief Metropolitan Magistrate, Ravindra Kumar Pandey on Friday convicted AAP Leader Somnath Bharti under sec. 147, 149, 323, 353 of IPC along with Sec. 3 of Prevention of Damage to Public Property Act, 1984.He has been sentenced to two years imprisonemnt today after hearing him on sentencing The Court was of the view that the prosecution had duly proved its case beyond all reasonable doubt against the accused, Somnath Bharti for the offences of rioting, voluntarily causing hurt, assaulting or using criminal force on Public Servant in the execution of his duty and mischief causing damage to public property. The court however, observed that the prosecution could not prove its case against the other 4 co-accused in the case, namely, Daleep Jha, Jagat Saini, Rakesh Pandey and Sandeep. The case dates back to 2016 wherein FIR was registered on 10.09.2016 on the basis of a complaint against Somnath Bharti, Jagat Saini, Dileep Jha, Sandeep, Rakesh Pandey and approximately 300 unknown associates of Som Nath Bharti for allegedly breaking the fence of boundary wall of AIIMS with JCB for creating an access to AIIMS on 09.09.2016 at around 9:45 AM. According to the complaint, they were not accompanied by any government official and had damaged the fence boundary of AIIMS wall which is a Government property. The complaint also alleged that the accused persons misbehaved and injured the security personnel of AIIMS while protecting the government land. The Court while delivering the judgment rejected the defence taken by the accused Somnath Bharti that the security personnel at AIIMS did not fall under the meaning of public servants under sec. 21 of IPC. "The Court is of the view that Section 21 of IPC Clause 12 covers the act of Security Staff of the AIIMS under the category of public servant as they get remuneration from the Government Agency/ AIIMS for performance of public duty. The security staff of AIIMS were performing the delegated duties of public servant and are duly covered under the definition of Public Servant. Hence, the defence of the accused that the security staff of the AIIMS are not public servant is discarded and not accepted." The Court held. The Court directed the other 4 co-accused persons to furnish bail bonds in terms of sec. 437A CrPC of Rs. 10,000 each. Click here to download the Judgment

Breaking: Delhi Court Sentences AAP Leader Somnath Bharti For Two Yrs Imprisonemnt AIIMS Case

Nupur Thapliyal

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