Mumbai Court Sentences Borivali Man to Two Years’ Jail for Dragging Police Constable With Motorcycle
Mumbai: A sessions court in Mumbai has sentenced Sagar Paresh Gosaliya, a resident of Borivali, to two years of simple imprisonment for dragging a police constable nearly 100 feet with his motorcycle during an incident in 2015. The court found him guilty of using criminal force to deter a public servant from performing his duty.
Additional Sessions Judge K.R. Deshpande of the Dindoshi sessions court convicted Gosaliya under Sections 353 (assault or criminal force to deter a public servant from discharge of duty) and 332 (voluntarily causing hurt to deter a public servant from duty) of the Indian Penal Code (IPC).
In a detailed judgment made available on Friday, the court held that the accused had “broken the command” of the on-duty constable, caused him simple injuries, and obstructed him from discharging his official duties.
“I find that the provisions of both these sections are very well drawn in this case,” the court observed.
Incident Dates Back to 2015
The incident occurred on April 21, 2015, at an anti-chain snatching point in suburban Borivali. According to the prosecution, constable Jagdish Bhimrao Zende was on duty when he stopped Gosaliya’s motorcycle near the Sudhir Phadke bridge around 12.15 pm on suspicion.
When asked to produce documents, Gosaliya reportedly told the constable that the papers were at his nearby residence. The prosecution said the constable allowed him to fetch the documents but instructed him to travel by autorickshaw and even provided money for the fare.
Constable Dragged While On Duty
Instead of complying, Gosaliya allegedly attempted to flee on his motorcycle towards Devidas Lane. When constable Zende tried to stop him by holding his arm, the accused accelerated the bike, dragging the constable for approximately 100 feet along the road.
The prosecution stated that the constable was rescued only after members of the public intercepted the motorcycle. Zende sustained injuries during the incident, his uniform was torn, and his spectacles were damaged.
Court Rejects Defence Argument
During the trial, the defence questioned the seriousness of the injuries, pointing out the absence of bloodstains on the constable’s torn trousers. However, the court rejected the argument, clarifying that physical assault was not necessary to attract Section 353 of the IPC.
“Just because the accused did not assault the informant, it does not mean that the provisions of Section 353 of IPC are not attracted in this case,” the court ruled.
The judge noted that Gosaliya’s conduct “definitely amounted to using criminal force” to prevent the police constable from carrying out his lawful duties.
Conviction After Nearly a Decade
The verdict brings closure to a case that remained pending for nearly a decade. The court reiterated that acts which endanger the safety of public servants while performing their duties must be dealt with firmly to uphold the rule of law.
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