Mumbai:
The Mumbai police on Monday discovered itself in a spot with the applying of a provision of the Bharatiya Nyaya Sanhita within the BMW-hit-and-run incident, among the many first high-profile instances below the newly-introduced regulation that changed the British-era Indian Penal Code.
A lady was killed and her husband injured in Worli early Sunday morning after their two-wheeler was hit from the rear by a BMW, which was being allegedly pushed by the son of Palghar Shiv Sena chief Rajesh Shah.
Shah, his absconding son and primary accused Mihir Shah in addition to their household driver Rajrishi Bidawat had been charged below provisions of BNS, together with sections 105 (culpable murder not amounting to homicide) and 238 (destruction of proof).
Throughout the remand listening to of Rajesh Shah earlier within the day, Chief Metropolitan Justice of the Peace SP Bhosale, amongst different queries, posed inquiries to the investigating officer on the rationale behind making use of part 105 of the brand new regulation.
When the IO and different police personnel began fumbling with solutions, the Justice of the Peace handed a duplicate of the BNS and requested them to undergo the part in query.
The court docket then requested the prosecution to take a five-minute break and reply its queries.
Nevertheless, even after the break, the police couldn’t provide you with a concrete response to the Justice of the Peace’s queries. The court docket was adjourned once more, however with the Justice of the Peace’s remarks that the police should do their “homework” and are available ready.
Fifteen minutes later, the prosecution submitted a handwritten be aware terming it as extra remand, which the court docket took on report and the listening to resumed.
Chief Metropolitan Justice of the Peace (Sewree) SP Bhosale remanded Rajesh Shah in 14-day judicial custody and despatched Bidawat to one-day police custody.
Rajesh Shah was remanded in judicial custody after the court docket noticed that Bharatiya Nyaya Sanhita (BNS) part 105 (culpable murder not amounting to homicide) didn’t apply to him.
The defence, represented by advocate Sudhir Bhardwaj stated the cost of culpable murder was not relevant on Rajesh Shah since he was not driving the automotive nor was he current on the spot.
Rajesh Shah was later granted bail.
(Apart from the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)