The Court has also held him guilty in the charge of an offence punishable under section 3 (Mischief causing damage to public property) of the Prevention of Damage to Public Property Act, 1984.
Somnath Bharti Picture Courtesy: File.pic
A Delhi Court on Saturday convicted Aam Admi Party (AAP )MLA Somnath Bharti for assaulting AIIMS security staff in a case registered in 2016. The court has acquitted four other persons accused in the same matter.
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Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey on Friday passed a judgement in the matter and stated: "Court is of the considered view that prosecution has duly proved its case beyond all reasonable doubt against accused Som Nath Bharti regarding charges of an offence punishable under section 323/353 read with Section 149 IPC and charge of an offence punishable under section 3 of the Prevention of Damage to Public Property Act, 1984 and charge of an offence punishable under section 147 IPC read with Section 149 IPC and he is held guilty and convicted for the same."
The court has held guilty the Aam Admi Party MLA under section 353 of IPC (Assault or criminal force to deter public servant from discharge of his duty) and IPC 323 (Punishment for voluntarily causing hurt) read with section 149 (Every member of unlawful assembly guilty of an offence committed in prosecution of common object) of Indian Penal Code.
Court has also held him guilty in the charge of an offence punishable under section 3 (Mischief causing damage to public property) of the Prevention of Damage to Public Property Act, 1984.
Court also noted "The security staff of the AIIMS were performing the delegated duties of public servant and are duly covered under the definition of Public Servant. Hence, the defence of the accused that the security staff of the AIIMS are not the public servant is discarded and not accepted."
In the same matter, the court has acquitted the other accused persons namely Jagat Saini, Daleep Jha, Sandeep alias Sonu and Rakesh Pandey from all charges made against them by the prosecution.
According to the prosecution, on September 9, 2016, AIIMS Chief Security officer RS Rawat lodged a complaint with the Delhi Police accusing Bharti and his 300 supporters of misbehaving with security guards of AIIMS.
In his written complaint, Rawat said, "Bharti, around 9:45 am on September 9, provoked the mob to damage the fence of government property (AIIMS)".
Rawat also told the police that Bharti gave permission to unauthorised persons with JCB machines to get inside AIIMS from Gautam Nagar Nallah road side.
The chief security officer accused the Aam Aadmi Party MLA and others of trying to encroach government land and disrupting peace in the hospital.
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