Mumbai: Relying on evidence of the doctor who opined that smell of alcohol was found, that his style of walking was unsteady, pupils were dilated and speech incoherent, a magistrate’s court convicted and sentenced to two months simple imprisonment 65-year-old actor, Dilip Ghanshyam Tahilramani, popularly known as Dalip Tahil, for driving drunk and ramming his car into an autorickshaw and injuring a woman at Khar in 2018.

The magistrate refuted the defence that in the absence of blood or urine tests, Tahilramani could not be held guilty. Relying on statements of a wit ness and the doctor, additional chief metropolitan magistrate K H Thombre said, “The medical notes bears stamp that the accused refused to give blood sample and urine sample for alcohol analysis, supports oral evidence that the accused was under influence of alcohol.”

The magistrate said the defence that the woman and her friend falsely implicated the accused as they were social media predators encashing the celebrity status of the accused, was insufficient to discard evidence of the prosecution.

“The status of the accused and nature of work informant and witness are doing is not the criterion to discard their testimony…The evidence of informant (woman) and witness is in corroboration to each other that vehicle of the accused dashed the auto from behind,” the magistrate said.

Refusing to let the actor off on a bond of good behaviour, the magistrate said it is proved the accused is a well mature, respectable citizen having gained status of a public image. The magistrate said that for driving a vehicle under influence of alcohol and causing hurt to a person, benefit under provision of The Probation of Offenders Act cannot be extended.

“The nature of the offence and overall impact on the society in respect of offence committed by the accused is required to be dealt with sentence according to law and not only on the imposition of the fine,” the magistrate said.

The magistrate fined Tahilramani Rs 8,000. Of this Rs 5,000 will be paid as compensation to the woman, Jenita Gandhi. “The imposition of sentence, victim of offence cannot be overlooked. Nature of injury caused to the victim and mental trauma in which she has gone is entitled to reasonable compensation,” the magistrate said.

Defence of the accused was that due to Ganpati visarjan there was a huge crowd on the road. It was submitted on the instigation of Gandhi’s friend people were chasing his car, forcibly opened door on the driver’s side while car was in motion and forcibly dragged Tahilramani out of the car.