Wednesday, 24 September 2014

STRAY DOG BEATEN TO DEATH BY SHOPKEEPER AT MIRA ROAD FIR U/S.IPC 428 AND PCA 11(A), CULPRIT JAILED



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On 15th September 2014 our President Salim Charania received a call at 2 pm from Bharat Sharma, an animal lover from Andheri West.  Two animal lovers from Mira Road Mr.Kamlesh Shah and Ms.Maria Danthi had contacted him with a complaint of a dog being beaten to death by a shopkeeper at Mira Road.  Since Salim was in Kalina in connection with another cruelty case, his wife Mrs. Manisha Charania accompanied by animal activists Sidhu, Chinta Mandam, Sushma, Maria, Ida, Rani Jha, Pinky, and Roshan reached the venue.  

The witnesses in the case were (a) Mrs.Kamlesh Shah and (b) Mrs.Maria Danthi.  When the team headed by Manisha met Mrs.Shah (who was pregnant), she said that although she had witnessed the dog being beaten to death by the shopkeeper she was not willing to testify because she did not want to go to police station because of her condition.  The team offered to get a policewoman to her residence to take her statement.  However Mrs.Shah was not agreeable to that on the plea that she was living in rented premises and that the house owner would terminate her lease if he found out that police had visited the house.  

However Mrs.Maria was firm in her intention to testify against the shopkeeper.  Manisha and the team of animal activists went to the shop and confronted the culprit Bhagunath Shambhunath Yogiwhich resulted in a commotion and shouting match.  The area fell under the jurisdiction of Navghar Bhayander Police Station and therefore the police were summoned from that police station.  The police arrived at the scene and after hearing the facts of the case, the culprit was taken to the police station where he was charged u/s.428 of the Indian Penal Code and u/s.11(a) of the Prevention of Cruelty to Animals Act.  He was arrested and put into lockup.  The police also took him to task and gave him his just desserts. 

We received very good co-operation and support from the police authorities at the Navghar Bhayander Station.  The police officials had good understanding of the provisions of the law and also compassion towards our four legged friends. We are thankful to them for the same. 

Our Team :   Manisha Charania, Sidhu, Chinta Mandam, Sushma, Maria, Ida, Rani Jha, Pinky, and Roshan

Sections applied in FIR :  
(a)  (b)  Sec.428 Mischief by maiming or killing animal
(c)  Sec.11 of the PCA, 1960 - Section 11(1 )(a) of PCA -  Beating, Kicking, Over-riding, Over driving, Over-loading, Torturing. causing unnecessary pain or suffering to any animal

Lessons Learnt :  (a)  If the witness is firm, no animal abuser can get away scot free
                              (b)  Cruelty Cases can be pursued by any animal activist even in the absence of Salim Charania 
                      (c)  Police authorities are developing a good understanding of the animal protection law and also compassion towards animals.

FIR Copy



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