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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.VISHWAJITH SHETTY
Esha @ Jagadeesh S/o Basavaraja – Appellant
Versus
State by Dandinashivara Police Station – Respondent
| Table of Content |
|---|
| 1. overview of the case and charges (Para 1 , 3) |
| 2. arguments on prosecution's evidence and driving behavior (Para 4 , 5 , 11) |
| 3. prosecution's eyewitness accounts limitations (Para 8 , 10) |
| 4. court's scrutiny of evidence and negligence indicators (Para 12 , 13) |
| 5. final order and acquittal (Para 16) |
ORDER :
1. Accused is before this court in this Criminal Revision Petition under Section 397 R/w Section 401 of Cr.P.C, with a prayer to set aside the judgment and order of conviction and sentence passed by the Court of Civil Judge & JMFC, Turuvekere in C.C.No.332 of 2009 dated 19.06.2014 and the judgment and order dated 08.11.2016 passed in Criminal Appeal No.10012/2014 by the Court of V Addl. District and Sessions Judge, Tiptur.
2. Heard the learned counsel for the parties.
3. Petitioner herein was charge sheeted for the offences punishable under Sections 279, 304A of IPC & Section 134(A) and (B) of the Motor Vehicles Act, 1988 in C.C.No.332 of 2009. It is the case of the prosecution that on 28.02.2009, at about 8.30 p.m. when PW.1 and 2 were standing near Harikaranahalli gate, the tractor bearing registration No.KA-06-T-7190 which came from Turuvekere side, dashed against th
The prosecution must conclusively prove rashness or negligence to establish criminal liability for driving offences; mere claims of high speed are insufficient without supporting evidence.
Accusation of negligence requires proof of rash and negligent driving; high speed alone does not establish guilt in criminal law.
A conviction under criminal law requires proof beyond a reasonable doubt, which was lacking in this case, leading to the acquittal of the accused.
Conviction for causing death due to negligence was overturned due to unreliable eyewitness accounts and failure to properly admit key evidentiary documents.
Conviction set aside - Prosecution has not been able to prove the case against the petitioner beyond shadow of all reasonable doubts, as they have not been able to produce any evidence that the petit....
The prosecution must prove negligence and establish a direct nexus between the accused's actions and the alleged offense.
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