High Court rejects discharge plea of NCC instructor who shot at studenthttps://indianexpress.com/article/cities/mumbai/high-court-rejects-discharge-plea-of-ncc-instructor-who-shot-at-student/

High Court rejects discharge plea of NCC instructor who shot at student

The student was struck by a bullet fired by Ghanekar during a training session at the NCC headquarters on Senapati Marg.

The Bombay High Court Monday rejected a discharge application filed by Amod Ghanekar, who allegedly shot a student during a National Cadet Corps (NCC) training session on February 1, 2013.

The student, 13-year-old Parag Ingale from Pune’s Loyola High School, was struck by a bullet fired by Ghanekar during a training session at the NCC headquarters on Senapati Bapat Marg. Ingale has been in come ever since.

Ghanekar, while urging the court to discharge him in the case, contended that the alleged firing was “an unfortunate accident and was beyond anybody’s imagination.” He added, “In the present case, by no stretch of imagination can it be said that the applicant harboured any intention or had any knowledge in that regard to commit the act.”

On the day of the incident, at about 2:45 pm, Ghanekar, an associate officer of the NCC had taken 46 students to the NCC headquarters for training. He claimed that he was about to fire his .22 mm rifle “when the boy unexpectedly stood up without giving any signal to anyone.”

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Additional public prosecutor Geeta Mulekar, however, pointed out to the court that there were witness statements that show that Ghanekar was cautioned by other members of the NCC who were present at the site. She argued that Ghanekar cannot claim that he had no knowledge about the perils of his act as he was firing from behind the place where students were seated, when he was warned that it could be dangerous.

Mulekar also said that the NCC had written to the Deccan Police Station on February 26, 2013 that Ghanekar was not authorised to fire during the firing practice of the cadets on the range. The court felt that there was prima facie evidence to proceed against Ghanekar and he should be made to stand trial in the case, Mulekar said. Ghanekar had moved the High Court after a Pune sessions court rejected his application for discharge on February 12, 2014. Ghanekar faces the charge of attempt to commit culpable homicide under section 308 of the IPC. If found guilty, he may face upto three years in prison.

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