New Delhi: A Delhi Court on Tuesday upheld the conviction and 2-year jail time period of Aam Aadmi Party (AAP) MLA Somnath Bharti for assaulting a safety employees og all India Institute of Medical Science (AIIMS) hospital of the nationwide capital. As per stories, Bharti was taken into custody and despatched to the jail quickly after the judgement.
A Justice of the Peace court docket had in January sentenced him to 2 years in jail. The resolution got here months after Bharti had filed an enchantment in opposition to the Justice of the Peace’s order earlier this 12 months.
The AAP chief’s plea was partially dismissed by Special Judge Vikas Dhull and he was convicted underneath sections 147 (rioting) learn with 149 (illegal meeting) of IPC and underneath part 3 (mischief inflicting injury to public property) of the Prevention of Damage to Public Property Act.
However, the politicial was relieved from fees underneath sections 323 (voluntarily inflicting damage), 353 (assault or use of felony drive to discourage public servant from discharge of his responsibility) learn with part 149 of IPC.
In September 2016, Bharti Bharti, together with almost 300 individuals, introduced down the fence of a boundary wall on the AIIMS with a JCB operator.
“It is true that only five accused persons were charged for the offence under Section 147 IPC read with Section 149 IPC and out of which four accused persons have been acquitted but still I do not find any illegality in the conviction of appellant for the offence under section 147 IPC read with Section 149 IPC as the evidence which has come on record shows that unlawful assembly was comprising of 200-300 persons and the remaining persons could not be identified or apprehended,” the Special Judge stated in his order.
In January, Bharti was granted bail to allow him to file an enchantment earlier than the excessive court docket in opposition to his conviction within the case and jail time period. The Justice of the Peace court docket had acquitted different co-accused citing a scarcity of proof in opposition to them.
Bharti had earlier claimed that police officers and different witnesses had deposed in opposition to him with a view to falsely implicate him within the case.
Advocate, representing the Bharti, had requested the court docket to grant him a lenient sentence and profit underneath the Probation of Offenders Act, 1958. However, the court docket declined his request stating that the AAP MLA “is a well-educated person having qualification of M.Sc. (IIT-Delhi) and he is also a law graduate and a Member of Legislative Assembly”.
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