The Delhi High Court on Wednesday suspended the two-year-sentence awarded to Aam Aadmi Party legislator, Somnath Bharti in the AIIMS assault case. .A Single Judge Bench of Justice Suresh Kumar Kait also issued notice in Bharti's appeal against a trial court order upholding his conviction under Section 147 (Punishment for rioting) IPC read with Section 149 IPC and Section 3(1) of PDPP Act (Mischief causing damage to public property)..The conviction was also stayed by the High Court. .Senior Advocate N Hariharan appeared for Bharti. .In his appeal filed through Advocate Mohd Irshad, Bharti argued that he was erroneously convicted by the trial court even though there was no evidence against him..It was claimed that the entire prosecution case was based on conjectures and surmises, and is full of improvements, embellishments, contradictions..Bharti further argued that the prosecution miserably failed to prove his guilt beyond a reasonable doubt. .As per the prosecution case and the charge sheet in the matter in September 2016, a mob constituting approximately 300 persons led by accused Bharti, the MLA of the area concerned, had gathered near the boundary wall of AIIMS..The common object of the mob was to break the wall of AIIMS and to get access to the hospital. In the process of demolishing the wall, the mob led by Bharti used a JCB machine and also manually damaged the fence on the boundary wall of the AIIMS..The mob also used criminal force by pelting stones upon the security personnels of the AIIMS, it was alleged..The matter will be heard next on May 20.
The Delhi High Court on Wednesday suspended the two-year-sentence awarded to Aam Aadmi Party legislator, Somnath Bharti in the AIIMS assault case. .A Single Judge Bench of Justice Suresh Kumar Kait also issued notice in Bharti's appeal against a trial court order upholding his conviction under Section 147 (Punishment for rioting) IPC read with Section 149 IPC and Section 3(1) of PDPP Act (Mischief causing damage to public property)..The conviction was also stayed by the High Court. .Senior Advocate N Hariharan appeared for Bharti. .In his appeal filed through Advocate Mohd Irshad, Bharti argued that he was erroneously convicted by the trial court even though there was no evidence against him..It was claimed that the entire prosecution case was based on conjectures and surmises, and is full of improvements, embellishments, contradictions..Bharti further argued that the prosecution miserably failed to prove his guilt beyond a reasonable doubt. .As per the prosecution case and the charge sheet in the matter in September 2016, a mob constituting approximately 300 persons led by accused Bharti, the MLA of the area concerned, had gathered near the boundary wall of AIIMS..The common object of the mob was to break the wall of AIIMS and to get access to the hospital. In the process of demolishing the wall, the mob led by Bharti used a JCB machine and also manually damaged the fence on the boundary wall of the AIIMS..The mob also used criminal force by pelting stones upon the security personnels of the AIIMS, it was alleged..The matter will be heard next on May 20.
