Horse-riding involves inherent risk, handler responsible for child’s safety: Bombay sessions court

On November 5, 2017, the child, Janhavi Mistry, had visited Cooperage Garden near Mantralaya with her parents and two sisters. After she insisted on riding a horse at the park, her mother spoke to the handler and they agreed on three rounds for Rs 20. The mother, who deposed before the court, said she had instructed the handler to take care of her daughter.

After some time, she noticed Jaiswal carrying the child in his arms, bleeding. The accused told her that the girl had fallen off the horse.

The court also relied on the testimony of the father, a business manager in a private firm who was present at the spot, and a gardener at the park who had witnessed the child’s fall. The accused had claimed that the incident occurred due to displaced paver blocks on the track and that the horse’s leg got stuck, leading to the fall.

The court further relied on other evidence, including the post-mortem report and documents showing that no valid licence or permission had been granted by the civic body to conduct horse rides at the park.

“…the evidence on record clearly establishes that the accused was in control of the horse and responsible for the safety of the deceased at the relevant time. The death of the deceased was the direct consequence of the act of the accused in conducting the horse ride without adequate safety measures,” the court said.

Observing that the act was committed without any intention to cause harm, the court said a sentence of two years would meet the ends of justice. The sentence has been suspended for a month to allow the accused to file an appeal.