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Delhi: 2 accused of assaulting cop denied bail, court says ‘grievous injury not essential for section 308’

The complainant had claimed the accused confronted him after they overheard him talking to his colleagues about kicking his drug habit and choosing energy drinks instead.

Written by Anand Mohan J | New Delhi |
Updated: June 24, 2021 7:59:05 am
The court in its order said the allegations levelled against the accused are grave and do attract section 308. (Representational Photo)

A Delhi court has denied bail to two men accused of assaulting a Delhi Police constable, whom they allegedly confronted after they overheard him talking to his colleagues about kicking his drug habit and choosing energy drinks instead.

While dismissing the bail applications of the two men — Salman Khan and Mohammad Sonu — Additional Sessions Judge Sandeep Garg also held that it is not essential that the victim should have sustained grievous injuries to attract section 308 (Attempt to commit culpable homicide) of the IPC, the invoking of which the defence had opposed.

Additional Public Prosecutor Mohammed Iqrar told the court that the complainant was a Delhi Police constable posted at Kapashera police station. On June 8, while out on a duty break, the constable was buying jaljeera from a local store when he came across two other policemen passing by.

“The constable told the two other policemen that he had quit drugs and was now taking energy drinks like jaljeera. Co-accused Salman Khan, who was present there, used abusive language against those police officers, upon which the complainant asked him as to why he was abusing policemen…Salman Khan then started abusing the complainant and called other persons, including the applicant/accused,” the prosecutor told the court.

Later, as the constable was going home, he was followed and beaten by the accused men with bricks and sticks. The policeman’s brother was also assaulted by the accused, his complaint states.

Advocate Hari Shankar, the lawyer for the accused, told the court they had been falsely implicated in the case, and alleged the constable was involved in the sale of drugs.

Shankar also argued that the injuries sustained by the constable were simple in nature and therefore an offence section 308 of the IPC was not made out.

“Without hospitalisation of less than 20 days in a serious condition, Section 308 IPC is not made out against the applicant/accused. Police has not done fair investigation. Complainant is involved in sale of drugs,” Shankar told the court.

The court in its order said the allegations levelled against the accused are grave and do attract section 308.

“Section 308 IPC is prima facie made out as complainant was attacked with bricks, bangle (kada) and sticks on his head, which is a vital part of the body,” the court said.

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