A woman accused of being negligent with her employer's dogs due to which one of them had bitten a man at his private parts, has been acquitted by a Delhi court which said identity of the canine and the victim was not established by the police.
Additional Sessions Judge Girish Kathpalia said that it remained unanswered as to who was the person who was bitten by the dog as the alleged victim Nand Kishore did not appear before the court for his deposition.
The court held that prosecution has failed to prove its case beyond reasonable doubt that on account of deliberate act or even negligence of accused woman Kiran Biswas, Kishore had "suffered any dog bite or even any bite".
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"Even with regard to identity of the dog, who had allegedly bitten Nand Kishore, no probe at all was carried out. What to say of getting the alleged offending dog examined by forensic expert to connect the injury with the dog, the Investigating Officer (IO) did not even get any of the dogs identified by injured Kishore though he met Kishore about 3-4 times and even found the four dogs in the house of the Kiran.
"The IO did not try to even find out the breed of the dogs who were found in the house of the accused at the time of arrest...," the court said.
It acquitted Kiran of the charge of negligent conduct with respect to animal and attempt to commit culpable homicide.
According to the prosecution, the incident took in September 2008, when Nand Kishore was going home and Kiran, who was working as a maid, was taking a stroll with her employer's three dogs in East of Kailash area here.
Suspecting him to be a wrong person, the woman released one of her dogs on him and the canine had bitten at his private parts. After hearing his cries, a security guard and a person known to Kishore came for his rescue, the police said.
The woman, however, claimed before the court that she was falsely implicated in the case by one M L Satija, a resident of the same locality and also known to Kishore, who used to harass her and her employer.
The court acquitted the woman saying that there were contradictions in the statements of witnesses and the prosecution version.
It also said the doctor who had medically examined Kishore had stated that he could not say if it was a dog or any other animal's bite.
