The Judicial Magistrate First Class (JMFC) in Mumbai convicted 31-year-old Rishab Maushik Patel, a Worli resident, to four months of rigorous imprisonment for his role in a dog bite incident that took place inside a residential lift at Alfa Apartment on February 1, 2018.
The court found Patel guilty under Section 324 (voluntarily causing hurt) and Section 289 (negligent conduct with respect to animals) of the Indian Penal Code, stating that his behavior was both reckless and injurious. The case gained traction due to clear CCTV footage and the fact that the victim was accompanied by his infant son at the time of the incident.
Magistrate Suhas Vijaya P Bhosale criticized Patel’s conduct, observing that dragging a potentially dangerous dog into a confined lift space despite protestations showed a lack of empathy both towards the animal and fellow residents. The footage captured Patel forcibly entering the lift with his Husky, ignoring warnings from neighbor Ramik Shah, who was present with his one-and-a-half-year-old son and domestic help.
Prosecution Relies on CCTV, Medical Records to Nail Offender
The prosecution successfully established Patel’s culpability through eyewitness accounts, CCTV footage (Exhibit 25), and medical reports documenting Shah’s injury on his left forearm.
The defense attempted to discredit the footage, citing procedural lapses, and raised doubts about the timing of Shah’s medical treatment. Defense lawyers also suggested that the FIR was motivated by previous animosity between the parties. However, the Court dismissed these arguments, finding that the chain of events corroborated the prosecution’s narrative.
The Court ruled, “The accused knowingly omitted to take precautions sufficient to prevent any probable danger to human life, or grievous hurt from his pet… There is sufficient evidence to prove all material ingredients of the charge under Section 289 of IPC.”
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Sentencing: Jail Term, Fine, and Compensation
Patel was sentenced to four months of rigorous imprisonment and a fine of ₹3,000 under Section 324. Additionally, he received three months of rigorous imprisonment and a fine of ₹1,000 under Section 289. The sentences will run concurrently, and failure to pay the fine will result in an additional 15 days of imprisonment.
While Patel was acquitted under Section 506 (criminal intimidation) due to lack of specific threats or evidence, the Court underscored that he had acted with gross disregard for public safety. The judgment further directed that the fine amount be paid to the victim, Ramik Shah, as compensation once the order attains finality.
A Warning to Irresponsible Pet Owners
This verdict sets a precedent in urban safety and pet ownership responsibilities. The case serves as a cautionary tale for pet owners about exercising control and empathy in shared public spaces. It also reinforces the judiciary’s commitment to holding individuals accountable for endangering others, even unintentionally, through reckless conduct.