Two-year jail for horse handler for minor's fatal fall during ride
MUMBAI, Feb. 26 -- A city sessions court on Tuesday has sentenced a Colaba horse handler to two years' rigorous imprisonment for the death of a six-year-old girl who fell during a paid horse ride at Cooperage Garden in 2017.
Additional Sessions Judge A P Kulkarni held that though there was no intention to cause death, the accused, Sohan Chotu Jaiswal, carried out a risky commercial activity involving a minor "without providing any helmet, safety belt, or protective measures."
The court noted that horse riding carries inherent risk and that the accused knew a lack of precautions could lead to fatal consequences. The incident occurred on November 5, 2017, when the deceased, Janhavi Mahendra Mistri, fell onto a cement track during a horse ride and was rushed to Bombay Hospital, where she was declared dead. The postmortem recorded the cause as "polyrauma due to fall from horse (unnatural)".
The prosecution relied on the testimony of the child's parents, an independent gardener who witnessed the fall, and medical evidence. The court held that the "oral, medical and documentary evidence" linked the accused's conduct to the minor's death.
Rejecting the defence argument of absence of mens rea (intention to kill), the court said criminal liability arose from the knowledge of likely consequences of failing to take precautions and imposed two years' rigorous imprisonment with a fine of Rs.10,000....
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