Delhi Court Holds Employer Guilty in Pet Dog Attack Case During Pandemic Lockdown
A court in New Delhi has delivered a significant verdict, finding an employer guilty of permitting her pet dog to assault a massage therapist who had approached her for unpaid wages during the stringent COVID-19 lockdown period. The court emphasized that the manner in which the dog was left alone with the complainant demonstrated a "conscious disregard" for her safety and well-being.
Legal Conviction and Judicial Observations
Additional Sessions Judge Samar Vishal convicted Rajni Singh under Section 308 (attempt to commit culpable homicide) and Section 289 (negligent conduct with respect to animals) of the Indian Penal Code. In his ruling, Judge Vishal noted that the "selective targeting of the complainant by the dog becomes a relevant factor in assessing the mental element attributable to the accused." This observation underscores the intentional nature of the act, rather than a mere accident.
Background of the Case and Allegations
According to the prosecution, the victim, Sapna, had worked as a massage worker at Malviya Nagar's Corner Market for approximately one and a half months prior to the lockdown without receiving her due wages. After Singh returned from her ancestral home in Azamgarh, Sapna visited her residence in June 2020 to claim her pending dues.
The prosecution presented a harrowing account, alleging that Singh demanded sexual favours from Sapna. Upon Sapna's refusal, Singh allegedly left her alone in a room with her pet dog and locked the door from the outside. The dog subsequently attacked Sapna, inflicting multiple bite injuries on her face and neck, which were detailed in court submissions.
Court's Emphasis on Severity and Intent
The court placed particular importance on the neck injury sustained by Sapna, observing that leaving the dog alone with her was likely to cause bodily harm that could have resulted in death. It noted that the accused was "fully aware" of the dog's aggressive temperament and potential for violence, and had "voluntarily left the dog in close proximity" to Sapna, who was unfamiliar to the animal.
Further strengthening the prosecution's case, the court cited the testimony of an eyewitness named Chandan. During cross-examination, Chandan stated, "uss kutte se mohalle me sab darte hai" (everyone in the neighborhood fears that dog), indicating that the dog's aggressive nature was common knowledge, including to the accused.
Rejection of Defence Arguments and Medical Evidence
The court rejected the defence's argument regarding a 20-day delay in lodging the FIR on July 2, 2020. It observed that Sapna had suffered severe injuries and was transferred from Madan Mohan Malviya Hospital to Safdarjung Hospital for treatment. The court remarked, "The injured is also a poor woman, with limited means and resources, and cannot be expected to be fully conversant with legal procedures," concluding that the delay did not weaken the prosecution's case.
In total, eight prosecution witnesses were examined, all of whom corroborated Sapna's account of the incident. A medical board constituted by the All India Institute of Medical Sciences (AIIMS) recorded eight injuries on Sapna and opined that these were dangerous and life-threatening, further substantiating the gravity of the attack.
Broader Implications and Conclusion
This case highlights critical issues of worker safety, employer accountability, and animal negligence within the legal framework, especially during the challenging times of the COVID-19 lockdown. The court's ruling serves as a stern reminder of the responsibilities employers hold towards their workers and the severe consequences of neglecting such duties.
The conviction under sections related to culpable homicide and negligent conduct with animals sets a precedent for similar cases, emphasizing that courts will not tolerate actions that endanger lives, regardless of the circumstances. This verdict reinforces the judiciary's role in protecting vulnerable individuals and ensuring justice in the face of adversity.
