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- Published: January 23, 2021 17:02
New Delhi: Aam Aadmi Party (AAP) MLA Somnath Bharti has been sentenced 2 years imprisonment and slapped a fine of Rs 1 lakh by a Delhi Court on Saturday for assaulting AIIMS security staff in 2016.
The court granted him bail on the ground of filing an appeal against his conviction in Delhi High Court with a bond of Rs 20,000.
On Friday, the court convicted Bharti for assaulting AIIMS security guards in a matter registered in 2016. The court has acquitted the four other persons in the same matter. Additional Chief Metropolitan Magistrate Ravindra Kumar Pandey on Friday passed a judgement in the matter.
The judgement stated, “Court is of the considered view that prosecution has duly proved its case beyond all reasonable doubt against accused Somnath Bharti regarding charges of an offence punishable U/s 323/353 read with Section 149 IPC and charge of an offence punishable U/s 3 of the Prevention of Damage to Public Property Act, 1984 and charge of an offence punishable U/s 147 IPC read with Section 149 IPC and he is held guilty and convicted for the same.”
The court 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.
The court also said, ”The security staff of the AIIMS were performing the delegated duties of a 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 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 MLA Somnath 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 into AIIMS from Gautam Nagar Nallah roadside.
The chief security officer accused AAP MLA and others of trying to encroach government land and disrupting peace in the hospital.