JUDGMENT - P.S. SHAH, J.:---The petitioner is a State Transport driver. On May 5, 1977, he was driving the State Transport Bus No. MHQ-8511 from Bombay to Anjurle. After taking a turn of the curve near Panvel, the bus was passing by the village Jite at about 8.30 a.m. on the high-way. At that time a girl by name Shakuntala Vaman Dhalpe aged about 10 or 11 years who was crossing the road, dashed against the front left side wheel of the bus and was thrown to a distance of about 46 feet. The driver applied the brakes and the bus stopped at about a distance of 46 feet from the place of the impact. The girl died on the spot. It is alleged that the incident occurred on account of rash and negligent driving of the petitioner and he was, therefore, prosecuted for offences punishable under section 304-A of the Indian Penal Code and 116 of the Motor Vehicles Act, in the Court of the Judicial Magistrate, First Class, Pen, District Kulaba. At the trial the prosecution mainly relied on the evidence of Draupadibai, the mother of the victim, and another witness Dr. Jadhav, son-in-law of Draupadibai. According to the prosecution case, there are two bus stops on either side of the road at the plac

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