New Delhi: A Delhi Court docket on Tuesday upheld the conviction and 2-year jail time period of Aam Aadmi Celebration (AAP) MLA Somnath Bharti for assaulting a safety employees og all India Institute of Medical Science (AIIMS) hospital of the nationwide capital. As per experiences, Bharti was taken into custody and despatched to the jail quickly after the judgement.
A Justice of the Peace court docket had in January sentenced him to 2 years in jail. The choice got here months after Bharti had filed an enchantment towards the Justice of the Peace’s order earlier this 12 months.
The AAP chief’s plea was partially dismissed by Particular Decide Vikas Dhull and he was convicted underneath sections 147 (rioting) learn with 149 (illegal meeting) of IPC and underneath part 3 (mischief inflicting injury to public property) of the Prevention of Harm to Public Property Act.
Nonetheless, the politicial was relieved from prices underneath sections 323 (voluntarily inflicting harm), 353 (assault or use of felony power to discourage public servant from discharge of his responsibility) learn with part 149 of IPC.
In September 2016, Bharti Bharti, together with almost 300 folks, introduced down the fence of a boundary wall on the AIIMS with a JCB operator.
“It’s true that solely 5 accused individuals had been charged for the offence underneath Part 147 IPC learn with Part 149 IPC and out of which 4 accused individuals have been acquitted however nonetheless I don’t discover any illegality within the conviction of appellant for the offence underneath part 147 IPC learn with Part 149 IPC because the proof which has come on report reveals that illegal meeting was comprising of 200-300 individuals and the remaining individuals couldn’t be recognized or apprehended,” the Particular Decide stated in his order.
In January, Bharti was granted bail to allow him to file an enchantment earlier than the excessive court docket towards his conviction within the case and jail time period. The Justice of the Peace court docket had acquitted different co-accused citing a scarcity of proof towards them.
Bharti had earlier claimed that police officers and different witnesses had deposed towards him so as to falsely implicate him within the case.
Advocate, representing the Bharti, had requested the court docket to grant him a lenient sentence and profit underneath the Probation of Offenders Act, 1958. Nonetheless, the court docket declined his request stating that the AAP MLA “is a well-educated individual having qualification of M.Sc. (IIT-Delhi) and he’s additionally a legislation graduate and a Member of Legislative Meeting”.