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Prasanth
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Username: Prasanth

Post Number: 32440
Registered: 03-2004
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Posted on Sunday, November 09, 2008 - 8:47 am:Edit PostDelete PostView Post/Check IP

Stabbing a neighbour's pregnant cow to death has proved costly for a bakery owner as a Delhi court has sentenced him to one year prison term for the offence.

Naseem Khan, 25, who used to run a bakery in south Delhi, took out a knife and inflicted three stab wounds to the bovine after she devoured some materials from his shop. The cow died on the spot.

The court held Khan guilty under Section 429 (mischief by killing, poisoning, maiming or rendering useless any elephant, camel or horse) of the IPC.

"It is held that the prosecution has succeeded to prove its case against the accused beyond the shadow of reasonable doubt and that he gave blows to the cow, which caused her death," a Metropolitan Magistrate said.

The court rejected his plea for leniency on the grounds that he has old parents and a child to look after. He also sought leniency on the ground that he had no past criminal records.

It also relied upon the statement of Vir Singh, the complainant, alleging that the accused had stabbed his pregnant cow on May 20, 2001 as she entered Khan's bakery at Sangam Vihar in New Delhi.

Khan was duly identified by the complainant during the trial as the accused, the court noted, adding that he was also not cross-examined by the defence.

"It is a settled law if the witness is not cross-examined on any point, his testimony is deemed to be accepted by the accused," the court said.

Khan's plea for implication in the case was also dismissed by the court, saying that there was no record of any enmity between the complainant and the accused.

The cow's injuries were also corroborated by the doctor who conducted the autopsy, prompting the court to award a prison term of one year to Khan.
time keeps running..we are left as mere spectators..