Mumbai: Legal experts on Monday asked why the police had not yet invoked the offence of attempt to murder separately against actor Saif Ali Khan‘s alleged assailant Shariful Fakir alias Bijoy Das.
“The police can surely add the section under Bharatiya Nyaya Sanhita (BNS) even if it has invoked dacoity with an attempt to kill since, going by the allegations of the six stab injuries, the offence is prima facie attracted,” senior advocate Pranav Badheka said.
The accused was booked under the BNS sections 311 (robbery, or dacoity, with an attempt to cause death or grievous hurt), 312 (attempt to commit robbery or dacoity when armed with a deadly weapon), and 331 (4) (6) (7) (house-trespass).
Later sections under the Foreigners Order, 1948, under the Foreigners Act, 1946, were also added as the police said he was a Bangladeshi national.
Badheka said Section 109 of the BNS could well be attracted and invoked by the police. Since the account of the attack, as seen in reports, shows the grievous injury caused by the persistent stabbing in the neck and spine areas with the weapon left stuck in the spine, it was suggestive of the injury being serious and “major” as the doctors said and ought to have been considered by the police to invoke the attempt to murder offence.
Section 109 BNS makes it an offence of attempt to murder if anyone “does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with” 10 years’ imprisonment, and if the victim is hurt, the offender shall be liable either to imprisonment for life or to 10 years.
Senior advocate Satish Maneshinde said the police ought to invoke the attempt to murder offence in the case, as ordinarily no burglar would stab so many times. The sheer number stab injuries and major injuries — half a dozen — is indicative or suggestive of an attempt to kill.
Both lawyers and even others practising criminal law said there was also a need to add attempt to murder because, if for some reason the charge of robbery is not sustained, the case may fall flat.
Mumbai: Legal experts on Monday asked why the police had not yet invoked the offence of attempt to murder separately against actor Saif Ali Khan’s alleged assailant Shariful Fakir alias Bijoy Das.
“The police can surely add the section under Bharatiya Nyaya Sanhita (BNS) even if it has invoked dacoity with an attempt to kill since, going by the allegations of the six stab injuries, the offence is prima facie attracted,” senior advocate Pranav Badheka said.
The accused was booked under the BNS sections 311 (robbery, or dacoity, with an attempt to cause death or grievous hurt), 312 (attempt to commit robbery or dacoity when armed with a deadly weapon), and 331 (4) (6) (7) (house-trespass).
Later sections under the Foreigners Order, 1948, under the Foreigners Act, 1946, were also added as the police said he was a Bangladeshi national.
Badheka said Section 109 of the BNS could well be attracted and invoked by the police. Since the account of the attack, as seen in reports, shows the grievous injury caused by the persistent stabbing in the neck and spine areas with the weapon left stuck in the spine, it was suggestive of the injury being serious and “major” as the doctors said and ought to have been considered by the police to invoke the attempt to murder offence.
Section 109 BNS makes it an offence of attempt to murder if anyone “does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with” 10 years’ imprisonment, and if the victim is hurt, the offender shall be liable either to imprisonment for life or to 10 years.
Senior advocate Satish Maneshinde said the police ought to invoke the attempt to murder offence in the case, as ordinarily no burglar would stab so many times. The sheer number stab injuries and major injuries — half a dozen — is indicative or suggestive of an attempt to kill.
Both lawyers and even others practising criminal law said there was also a need to add attempt to murder because, if for some reason the charge of robbery is not sustained, the case may fall flat.