IMPORTANT POINT
Trial court judgment of acquittal cannot be reversed merely because another view was possible.

JUDGMENT :

KURIAN, J. –

Leave granted.

2. Appellant is the accused in C.C. No. 707 of 2004 on the file of the Judicial Magistrate First Class at Hubli, Karnataka. He was charge- sheeted under Sections 279 and 304A of the Indian Penal Code (45 of 1860) (hereinafter referred to as ‘IPC’) and Sections 187 and 196 of The Motor Vehicles Act, 1988 (hereinafter referred to as ‘MV Act’). The accident occurred on 11.02.2004 at 02.30 P.M. when the appellant was allegedly driving a tractor with a trailer. The vehicle hit against a scooty and resultantly a two year old child travelling in the scooty fell down. The tractor ran over the child and she succumbed to the injury. PWs 1 to 11 were examined and seven documents were marked on the prosecution side. Two documents were marked on the side of the accused. The learned Magistrate, after elaborately discussing the evidence, came to the following conclusion at paragraph-22 of the Judgment dated 25.05.2005:

“22. Perused the evidence of PW-1 to 11 and the case file after perusal of the same, it creates doubt whether this accused was the driver at the relevant point of time or not, so also to say that the accident was happened due to the rash and negligent act of this accused, as there is no any cogent, impeachable and clinching evidence with respect to the ingredients of alleged offences. Further in view of these types of discrepancies of the prosecution witnesses case is not beyond doubt. Had the prosecution able to explain clearly the above said doubtful circumstances, then certainly this court could have believed the evidence of the material witnesses but now the doubtful evidence and circumstances are not cleared. Hence I am not accepting the stand taken by the learned APP. Therefore in view of the so many discrepancies in the versions deposed before the court and one given before the police, it creates doubt whether this accused was involved in the commission of offences or not. Therefore, I feel accused is entitled for acquittal.”

(Emphasis supplied)

3. We are informed that the accused was on bail during the trial but remained in custody for five months and five days during investigation.

4. The State filed appeal under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘Cr.PC’). The High Court re-appreciated the whole evidence and came to the conclusion that the appellant was liable to be convicted under Sections 279 and 304A of IPC. Further, it was held that “the prosecution has failed to prove the offences under Section 187 and 197 of the MV Act”. Accordingly, the appeal was allowed and the appellant was sentenced to undergo simple imprisonment for a period of six months with fine of Rs.2,000/- under Section 304A and for three months with fine of Rs.500/- under Section 279 of IPC. A default sentence was also given. The sentences were to run concurrently. Thus aggrieved, the appellant is before this Court.

5. Section 197 of the MV Act deals with unauthorized driving of a motor vehicle. Section 187 of the MV Act reads as follows:

“187. Punishment for offences relating to accident.-Whoever fails to comply with the provisions of clause (c) of sub-section (1) of section 132 or of section 133 or section 134 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both or, if having been previously convicted of an offence under this section, he is again convicted of an offence under this section, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

Section 132(1)(c) of the MV Act was omitted w.e.f. 14.11.1994. Section 133 deals with duty of the driver, owner or conductor to furnishinformation on demand. There is no such case for the prosecution.Therefore, the alleged offence could only be non-compliance of Section 134, which reads as under:

“134. Duty of driver in case of accident and injury to a person.- Whe