New Delhi: A Delhi court has rejected the petition of a man challenging commencement of trial against him for alleged negligence in handling his dog which had bitten a woman.
Additional Sessions Judge Virender Kumar Goyal dismissed the revision petition filed by Rohini-resident Surender Kumar who had challenged the trial court's order which had framed charges against him for his negligent conduct and causing hurt by dangerous means under the Indian Penal Code (IPC).
The sessions court said there was no "illegality" in the trial court's order and as per the material placed on record, "prima facie" offences under the provisions of the IPC are made out against Mr Kumar.
The judge upheld framing of charges against Mr Kumar, saying "revision petition is meritless and the same is dismissed and that nothing could be brought to its notice to set aside the order of the trial court."
According to the police, a case was lodged against Kumar in 2011 on a complaint of the victim - Shalini -who had alleged that when she reached in the lane where Mr Kumar was residing, his dog was roaming around.
The woman said she had asked Mr Kumar to handle the canine when it started barking.
Though Mr Kumar assured her that his dog would not bite her, the canine bit her when she moved ahead. To make matter worse, the pet owner did not get hold of his dog even as she made an alarm for the same.
The court noted that according to the medical record of the woman, she had sustained serious injuries.
"Offence under Section 289 of IPC, deals with negligent conduct with respect to animal, which is evident from the statement of Shalini as despite asking, the accused did not catch hold of his pet dog, while she was passing from there.
"So, there is no illegality or impropriety in the order of the trial court for framing charge under Section 289 IPC against the accused," the judge said.
Story First Published: April 25, 2013 18:07 IST