A Mumbai magistrate’s court on Monday sentenced a Rottweiler owner to three months in prison after his pet dog bit a relative 13 years ago.
On May 30, 2010, Cyrus Hormusji, the Rottweiler’s owner, called his relative Kersi Irani and asked him to meet with him about a property-related issue that was already going on in court. They met on Napean Sea Road between 5.30 and 6 p.m.
The Rottweiler and another dog, a Labrador, were barking inside the car. Irani said in court that he had warned Hormusji not to open the car door because the dogs were barking ferociously. However, Hormusji let the dogs out anyhow, and the Rottweiler bit Irani three times on the arms and legs. The 72-year-old Irani was hurried to the hospital for treatment because she was severely bleeding.
Apart from the investigating officer, the witnesses in the case included the doctor, Irani’s son, a veterinarian who examined the Rottweiler, and Irani himself.
Magistrate Nadeem Patel found Hormusji guilty of “negligible conduct with respect to animals” after going through witnesses statements and evidence. The magistrate refused to grant leniency, stating that Hormusji was aware of the aggressiveness of the Rottweiler breed and that it was the pet owner’s responsibility to take reasonable care of the safety of others.
According to Magistrate Patel, “The dog was trying to get out of the car, which means that the accused knew the dog was angry when he opened the car door. Despite this, he opened the car door without taking reasonable precautions, causing the dog to bite Irani.”
Hormusji, a Santa Cruz resident, argued in court that the dog was not his and thus he was not liable. However, the court did notice that he had taken the dog to the vet, which only an owner would do.
Lastly, the order stated, “The dog that was sitting in the car belonged to the Rottweiler breed, which is known for its aggression. The Rottweiler dog is also known for its strength and forceful bite. They are capable of generating bites upto 328 PSI (pounds per square inch). They are one of the most powerful dog breeds. The accused is the owner of the aforementioned dog. As a result, he is undoubtedly aware of the dog’s aggression.”
