Mumbai: Assault charges filed by bandra police in Fakir Sharifulactor Saif Ali Khan’s attacker, has triggered another round of debate.
In the early hours of January 16, Shariful burst into Khan’s Bandra home and stabbed him repeatedly, leaving the tip of a 2.5-inch knife in a wound near the middle of his spine that oozed cerebrospinal fluid.
While legal experts said that a attempted murder Charges could have been added given the extent of the back injury, police said his charges reflected the medico-legal case report filed by Lilavati Hospital Doctors soon after Khan admitted the victim with his bloody clothes.
The hospital report submitted at 4:11 a.m., nearly an hour after the actor’s arrival, indicates multiple lacerations and abrasions and does not mention the deep wound to the mid-spine region that required emergency surgery.
A senior police officer said: “The severity of the injuries alone does not justify a charge of attempted murder. Intent is paramount.”
The FIR, based on the initial examination of the scene and the medico-legal case of Lilavati Hospital, has been lodged for attempted robbery. Bandra police later added charges of grievous hurt, attempted armed robbery and housebreaking after further investigation. As Shariful is a Bangladeshi citizen who is here illegally, the police have added provisions under the Foreigners Act 1946 and the Foreigners Order 1948.
A senior police officer said the omission of critical medical details has complicated the case. “The injuries mentioned in the report were considered insufficient to invoke Section 109 of the Bharatiya Nyaya Sanhita (BNS), which deals with attempt to murder,” he said. To apply this strict charge, police must evaluate the offender’s intent, the nature of the injuries, and the offender’s criminal history.
In public hospitals, where medico-legal reports are regularly submitted, the initial report is almost always followed by a detailed report from the surgeon or treating physician. “However, we send the surgeon’s report only after the police ask for an updated report,” said a doctor, adding that the police usually ask for such a follow-up report within 24 hours of the patient’s admission. The initial report is completed with the victim and mostly includes observations. “Reports of detailed scans or blood tests are not available at this time,” the doctor said.
The police are learned to be waiting for more evidence and analysis before adding Section 109 (attempt to murder), if anything. If invoked, the section carries a maximum penalty of 10 years in prison.
Meanwhile, Khan is recovering under medical care and his legal team is reportedly preparing to file stricter charges against the accused.