New Delhi:

A Delhi court has sentenced a 70-year-old man to imprisonment for a year for hurling a corrosive substance on a dog that caused it to lose one of its eyes, and observed that “life is as dear to a mute creature as it is to any human”.

Additional Chief Judicial Magistrate Richa Sharma also said that the “serious and grave” offence was bone-chilling and it shook the court’s conscience and that granting any leniency would convey an adverse message to society.

Sharma was hearing the case against Mahendra Singh, who was earlier convicted for the offences under Indian Penal Code (IPC) section 429 (mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees) and under the provision of the Prevention of Cruelty to Animals Act.

According to the prosecution, after the complainant’s dog barked at Singh, he went inside his house, brought a corrosive liquid and threw it on the dog on February 7, 2020, in the Paharganj area of Delhi.

Advocate Rhythm Sheel Srivastava appeared for the complainant.

“Life is as dear to a mute creature as it is to any human. A human being is expected to remember that his action towards animals reflects humanity. It is our responsibility to be compassionate and kind to animals,” the court said.

“The convict has committed an offence in a manner which shakes not only the conscience of this court but is bone-chilling as well. The act of throwing some corrosive or burning substance which resulted in the loss of one eye of the dog is serious and grave, and letting off such a person with less punishment and granting any leniency to the convict will convey an adverse message to society,” it added in its judgment dated July 27.

The court noted the submission of the public prosecutor seeking maximum punishment and that of the defence counsel about taking a lenient view because of the convict’s age, medical condition and poor economic condition.

“The criminal trial can not be equated with the mock scene of any stunt film. The legal trial is conducted to ascertain the guilt or innocence of the accused arraigned and the courts are not obliged to make efforts either to give latitude to the prosecution or loosely construe the law in favour of the accused,” it said.

The court sentenced the accused to simple imprisonment of one year and a Rs 10,000 fine.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)

New Delhi:

A court here has directed the Delhi Police to take legal action against a woman for registering a false rape case, saying the special privileges given to women should not be used as “sword” to settle personal scores.

Additional Sessions Judge Shefali Barnala Tandon also said that such false allegations destroy the life, reputation and social standing of the accused.

The court was hearing a bail application of the accused.

Noting the facts of the case, the court said an FIR was registered against the man on July 14, but the next day the prosecutrix gave a statement to the magistrate stating she voluntarily went to a hotel with the accused, where they had consensual sexual relations.

After a fight with the accused, however, she became irritated, called the police, and made allegations of rape in a fit of rage, the court noted.

The prosecutrix stated the same facts before the court, it said in an order dated July 25 while granting bail to the man.

“The men of our country have equal rights and protection under the law as enshrined in the Constitution, however, special privilege is given to the women. But this special privilege and woman protecting laws should not be made a sword to settle scores or to satisfy ulterior motives, which is going rampant in the society,” the court said.

“Allegations of rape are made on drop of a hat nowadays for many other reasons as observed by the Courts, day in and day out. This is one such case in hand. False rape allegations not only destroy life of the man named but also reputation and social standing of his family members at large,” it added.

The court said rape is the most heinous and painful offence because it destroys the very soul of the victim as well as her body but the law against rape is being misused in some cases.

“The law has given the remedy of lodging a criminal complaint if a crime is committed against them (women) but such a remedy should not be used as a tool to gratify the complainant’s ulterior motive or to teach a lesson to the accused,” it said.

“Both man and woman are two pillars of the society and are equal in every aspect, therefore, one should not overpower the other only on the basis of gender misuse,” the court added.

It directed the city police to initiate appropriate legal action against the complainant for making a false complaint to the police out of anger and in the state of intoxication, because of which the man was incarcerated for around 10 days.

“The police is also advised not to act in haste in arresting the accused person(s) in the cases where circumstances warrant some initial enquiry or investigation after writing due reasons as per law, since there cannot be any compensation sufficient to indemnify the innocent person for incarceration on the basis of false complaint,” the court said.

It directed that a copy of the order be sent to the deputy commissioner of police concerned and said that a compliance report be filed within 10 days.

Releasing the man on bail, it directed him to furnish a bail bond and surety bond of Rs 20,000 each.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)