Magistrate Nadeem Patel of Metropolitan Magistrate Court in Mumbai sentenced a dog owner to three months of imprisonment for negligence who was found guilty under Sections 289 (negligent act regarding an animal) and 337 (Causing hurt by act endangering life or personal safety of others) of Indian Penal Code after his Rottweiler dog attacked a 72-year-old and bit him thrice.
The owner came along with his wife and two dogs to meet informant in his building compound regarding a property disputes, further which argument got louder which results, the dogs started barking inside the car, the owner was fully aware of the dog’s aggressive nature despite of this he let his barking angry dog from the car, the dog first caught hold of informant’s right leg calf after which he fell down and dog again bit his calf and arm above the elbow.
The Court observed that “It is specifically deposed by Kersi Irani (PW1) that the dog was trying to come out of car it means that at the time of opening the door of the car the accused knows that the dog was angry. Inspite of that without taking reasonable care he has open the door of the car due to which he said dog bite the informant”.
Bench said “where there is question of public safety leniency is unwarranted.” “The age of the informant is 72 years at such old age the strong and aggressive dog attacked him and took three bites. When the person like accused who is grown up man was going in the public place with such aggressive dog, if reasonable care not taken then certainly it is harmful for the public.”
Story Update By Correspondent Ms. Sravani Gona, Mahatma Gandhi Law College, Hyderabad.