The owner of a dog that attacked and bit a girl, leaving her with a broken tooth, has been held guilty of negligence and causing grievous hurt to the girl by failing to take precautions.
The court convicted Dwarka resident Om Prakash, observing that he “knowingly or negligently” did not take precautions and let his dog attack the girl on February 28, 2008.
He was held guilty under Section 289 (negligent conduct with respect to animal) and 338 (causing grievous hurt by act endangering life or personal safety of others) of the IPC.
“This court has held that accused Om Prakash knowingly or negligently omitted to take precautions regarding his dog… and while the dog was in the possession of the accused, it attacked the girl and she sustained grievous injury,” Additional Chief Metropolitan Magistrate Vijay Shankar said.
On February 28, 2008, the girl, along with her mother, was taking a walk on the premises of her housing society. The girl told the court that the moment Om Prakash, his wife and their dog stepped out of the society’s elevator, the pet attacked her.
She broke a tooth and the dog injured her lips with its paws, resulting in bleeding. She was taken to Deen Dayal Hospital.
The girl and her mother told the court that residents of the society had asked Om Prakash many times to ensure that his dog did not harm others. They claimed the dog had earlier attacked several children, but the injuries were not grave.
Om Prakash claimed the girl hurt herself as she started running after seeing the dog and fell over a bicycle and that his pet did not attack her. He said when he realised the girl was afraid of his dog, he asked his wife to take it away.
The court, however, held him guilty, relying on the girl’s medical report and testimony of the doctor.