A Delhi Sessions Court on Tuesday has upheld the order of Magistrate’s Court which had convicted and sentenced Aam Aadmi Party leader Somnath Bharti to two years of jail in AIIMS assault case.
The Court had earlier convicted him under various sections of the IPC including rioting along with mischief causing damage to public property in a 2016 AIIMS assault case.
Special MP MLA Judge Vikas Dhull passed the order while dismissing the plea filed by Bharti against the order of the Magistrate court challenging his conviction and sentence. The Magistrate Court had sent him to two years of jail and had imposed a fine of Rs 1 lakh in January this year.
While partly allowing his appeal, Special Judge Dhull today upheld the conviction of Bharti under Sections 149 & 147 of IPC, along with Section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act, 1984. The AAP legislature was, however, acquitted under charges of 323 and 353 of IPC.
“… the appeal of appellant is partly allowed and part of the impugned judgment convicting and sentencing the appellant for the offence under Section 323/353 IPC read with Section 149 IPC are accordingly, set aside. However, the part of the impugned judgment and impugned sentence order convicting and sentencing the appellant for the offence under Section 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act are hereby affirmed,” it said.
“Accordingly, appeal is dismissed qua the conviction and sentence of appellant u/s 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act. Appellant be taken into custody and be sent to Jail for serving the sentence as awarded by the Ld.Trial Court vide its sentence order dated 23.01.2021 for the offence under Section 147 IPC read with Section 149 IPC and under Section 3(1) of PDPP Act,” Special Judge Dhull added.
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Bharti, along with 300 supporters, demolished the fence of a boundary wall at AIIMS with a JCB operator on September 9, 2016. The complaint against Bharti was filed by the Chief Security Officer of the All India Institute of Medical Sciences.
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