JUDGMENT

BHARAT P.DESHPANDE, J. - This is an appeal filed by the State through Ponda Police Station thereby challenging the acquittal of the respondent dtd. 25/2/2011 in Criminal Case No. 61/S/2009/B for the offences punishable under Sec. 279, 304- A of Indian Penal Code (I.P.C., for short) and Sec. 134(a) and (b) of the Motor Vehicles Act, 1988 (M.V. Act, for short).

2. Vide order dtd. 10/8/2015 leave to file an appeal granted by this Court.

3. I have heard the learned Additional Public Prosecutor Shri Pravin Faldessai for the appellant and learned Counsel Shri Arun Bras De Sa for the respondent at length.

4. In nutshell, it is the case of the prosecution that on 26/8/2008, at around 13.10 hours near Curti, Khandepar Panchayat, Ponda, the respondent/accused being the driver of a passenger bus bearing No. KA-32-F-1248 of KRTC, drove said bus under the influence of alcohol while proceeding towards Usgao and in that process dashed against one pedestrian girl namely Manju Rajput aged 10 years near Librament Bar, who was walking on the left hand side of the road, causing the death of the said girl. The respondent/accused fled away from the spot without giving any medical assistance to t