Oct 10 (Mumbai Mirror): Three years after 'No Nonsense' production house owner Jerrit John allegedly threw a corrosive chemical at his girlfriend, international cyclist Aryanka Hosbetkar, and was arrested for attempt to murder, a special women's court acquitted him of the graver charge while holding him guilty of causing grievous hurt. On Friday, John was sentenced to five years imprisonment.

The filmmaker, who has been in custody since his arrest in November 2012, will serve two years more in prison. When special judge Vrushali Joshi held him guilty, John merely kept weeping. Later, he was heard saying, "No matter what I said, it wouldn't help. It's just the tag of being a convict that bothers the most."

Soon after her testimony, Hosbetkar, a physiotherapist, flew to London and has been there since. She and John, a married man with a seven-year-old son, had met in September 2011, and dated for a year before the incident. John was held guilty of throwing the chemical at her after she tried severing ties with him. He was also held guilty of house trespass and wrongful confinement, for bolting the door after throwing the chemical.

According to the prosecution who examined 22 witnesses, Hosbetkar suffered injury to her eye. However, the defence led by Amin Solkar, argued how could any hurt be justified if Hosbetkar was discharged from hospital the same evening.

Justifying the charge of grievous hurt, the judge said, "Though the nature of injury is mentioned as simple, mental trauma and shock of a sudden corrosive substance attack should be considered."

The court further observed that the minimum requirement for pressing charges of grievous hurt was that the victim was in extreme pain and unable to follow his daily pursuits for 20 days. "As per the doctor, Hosbetkar was going for daily follow-ups till December 28, 2012, which was more than 20 days."

The court acquitted John of theft (snatching her mobile phone) and causing grievous hurt to Hosbetkar's friend who was standing next to her. The judge said the mobile was gifted by him, and since the two were quarrelling, it wouldn't amount to theft if he took it back.

As for her friend, the court observed that only a few drops of the chemical fell on him and that John did not have intention of causing any hurt to him.

Case background

According to Hosbetkar's testimony, the two met in a cycling group in Worli and began dating in January 2012. John had told Hosbetkar he would stop seeing other girls, but she chanced upon pictures of him with someone else (the pictures were never produced in court to prove they existed). Hosbetkar further said that after seeing the pictures and learning that his wife was pregnant, she tried to server ties with him.

On that fateful day — November 6, 2012 — Hosbetkar said she returned from cycling along with friends around 12.30 am and found John waiting at her building. After a heated argument, she tried calling off their relationship. She then attempted to call her mother down, but John snatched her phone and fled.

After she went to her flat, there were eight calls between Shammi Shetty (Hosbetkar's friend) and John, during which he insisted she apologise. When she finally agreed at 5.15 am, John was waiting outside her flat. As soon as she came to the door, he took out a bottle from his pocket and hurled the liquid at her.

The prosecution led by Kalpana Chavan argued that John then bolted the door from outside, which meant he did not want Hosbetkar to get medical assistance.

While John was arrested soon after, the attempt to murder charge was added 13 days later. "It was this very charge because of which he was not granted bail, and now he has been acquitted of it," said Solkar, his lawyer.

Timeline

November 6, 2012
Jerrit John throws a corrosive chemical on Aryanka Hosbetkar at 5.30 am. She is taken to a hospital but discharged the same evening

November 11, 2012
John is arrested

November 24, 2012
John is charged with attempt to murder after the statement of Hosbetkar's mother is recorded

February 6, 2013
Charge sheet is filed against John

March 22, 2013
Fast Track Court rejects John's appeal for bail

May 2013
High Court denies John bail

August 1, 2013
John applies for discharge from attempt to murder

November 2013
Court refuses to drop attempt to murder charge

October 9, 2015
Court acquits John of attempt to murder charge, holds him guilty of causing grievous hurt; sentences him to five years imprisonment.