Observing that the accused does not deserve leniency, the court sentenced a 52-year-old man to two-year imprisonment in the electrocution case of a 12-year-old. Amjadali Khan, a taxi driver from transit camp, Wadala, was convicted of causing the boy's death by negligence in 2015 by illegally installing water pumps on a footpath. He was also slapped with a fine of Rs25,000.
The court also slammed the prosecution for not preparing a watertight case owing to which Khan could not be prosecuted under the Indian Penal Code section 300 (culpable homicide not amounting to murder). The maximum punishment under the said provision is 10 years. However, the court still awarded a maximum punishment of two years for death by negligence, noting, “a child of tender age has lost his life due to the rash and negligent act of Khan”.
As per the prosecution case, on December 25, 2015, the victim, Atif, went to play on a footpath adjacent to MHADA chawl near monorail station in Wadala. Sometime later, he came in contact with a live wire connected to the water pumps installed by Khan, and died of electrocution.
After the incident, the BEST vigilance team inspected the spot, prepared a report and even filed a case of power theft. Meanwhile, Atif's parents lodged a case against Khan and one Firoz, who has been acquitted. Coming down on the prosecution for not submitting the BEST report, the court said, “No attempt is made to examine the BEST official, who visited the spot and submitted a written report to the investigating officer.”
The expert from BEST power department is not examined to establish the actual condition and defect of the pump, which was the cause of the incident, it added. The court further said that the electricity supply to the motor pumps was unauthorised. It has not been brought on record since when Khan had installed them. There is further no technical evidence to support the case, it pointed out.
In the absence of such evidence, the court can not draw inference regarding existence of culpability under IPC section 300, the judge said. “There is nevertheless an accidental death of a child due to criminal negligence on the part of the accused as he did not take precaution while installing the motor, which was near a footpath, where the general public had access,” the judge noted.
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