The presumption of innocence in favor of the accused and the need for substantial and compelling reasons to overturn a trial court's acquittal.

JUDGMENT

K R Shriram, J. - This is an appeal impugning an order and judgment dated 27th December, 2005 passed by the Judicial Magistrate, First Class, Vita, Dist. Sangli acquitting the respondent (hereinafter referred as accused) of offence punishable under Sections 279 (Rash driving or riding on a public way.), 338 (Causing grievous hurt by act endangering life or personal safety of others) and 304 A (Causing death by negligence) of the Indian Penal Code r/w Section 184 (Driving dangerously) of the Motor Vehicles Act.

2. Admittedly, accused was plying a truck on 15/03/1997 at about 6.10 p.m., bearing registration no.MXL 6878 on Vita Lengare Road, Near Shivaji Chowk, Vita Town, Taluka Khanapur, Dist. Sangli. The truck was coming from Shivaji Chowk. There is Ganesh temple on the road and accused near that temple ran over Rekha Balu Mohite, 8 years old child who died on the spot. It is prosecution's case that accused was driving his vehicle in a rash and negligent manner because of which Rekha came under the rear right wheel of the truck resulting in her death. Accused himself reported the incident to Vita Police Station. The case was registered, investigation was commenced, panchanama was drawn, body was sent for post-mortem, statements were recorded and charge-sheet was filed. Charges were framed. Accused pleaded not guilty and claimed to be tried. Defence of accused was that he was plying his truck on the left lane of the road at which time Rekha suddenly started running and slipped due to which she came under the rear wheel of the truck and there was no fault on the part of accused.

3. To drive home the charge, prosecution led evidence of 8 witnesses namely Pandurang Jagannath Chothe, Panch of Inquest Panchanama as P.W. 1 ; Kishor Yesu Desai, Eye witness as P.W. 2 ; Pandurang Shamrao Bhingardeve, Panch of Spot Panchanama as P.W. 3 ; Ashok Musa Waidande, Eye witness as P.W. 4, Kuber Laxman Bhosale, Investigating Officer as P.W. 5, Subrao Akaram Bhingardeve, Eye witness as P.W. 6, Dr.Sunil Narayan Kulkarni, Medical Officer as P.W. 7 and Vasant Parshuram Patil, RTO Inspector as P.W. 8.

4. P.W. 2, 4 and 6 are eye witnesses. P.W. 2 turned hostile. P.W. 6 has stated at the time of incident he was walking near place of incident and at that time he saw a truck which came from behind and hit and ran over a small girl and proceeded further. He has further deposed that the child died on the spot due to injuries.

P.W. 6 states that he was walking along the road at which time he saw truck driven by accused coming from Langare side and the truck was at high speed and the rear wheel of the truck ran over the child and she died. He claims that after the incident the truck proceeded further and at Shivaji Chowk it was stopped by the public.

5. The Trial Court has rightly concluded that there is absolutely no evidence on the speed of the truck. Speeding vehicle is not enough to prove the offence in question and there is no evidence to prove that accused had acted rashly or negligently.

6. It is settled law as held by the Apex Court in State of Karnataka V/s. Satish, (1998) 8 SCC 493 that merely because the vehicle was being driven at a "high speed" does not bespeak of either "negligence" or "rashness" by itself. "High speed" is a relative term. It is for prosecution to bring on record material to establish as to what it meant by "high speed" in the facts and circumstances of the case. In a criminal trial, the burden of providing everything essential to the establishment of the charge against an accused always rests on the prosecution and there is a presumption of innocence in favour of the accused until the contrary is proved. In the absence of any material on record, no presumption of "rashness" or "negligence" could be drawn by invoking the maxim "res ipsa loquitur".

7. P.W. 4 in his cross-examination has stated that when he reached at the spot he found some 15 to 20 persons gathered and he also admitted in his cross-examination "I do no know how