Vipin Sanghi, J. (Open Court):--

1. This application has been preferred to seek grant of leave to appeal under Section 378(3) Cr.P.C. against the judgment dated 08.10.2013 passed by Sh. Sachin Sangwan, MM-05 (Central), Tis Hazari Courts, Delhi in F.I.R. No. 147/2002, P.S. Kamla Market, District Central, whereby the respondent accused has been acquitted of the offence under Section 279/304A I.P.C.

2. The respondent has accepted the notice and filed a reply.

3. I have heard learned APP as well as learned counsel for the respondent and proceed to dispose of the application.

4. The case of the prosecution is that on 23.04.2002 at about 1.30 p.m., in front of P.S. Kamla Market JLN Marg, the respondent/ accused Mahender Pal Sehgal was found driving scooter No. DL4SM 3047 in rash and negligent manner so as to endanger human life and personal safety of others. While so driving, he struck his scooter against one Smt. Chhoti Devi W/o Sh. Jai Lal and caused her death – not amounting to culpable homicide, and thereby committed an offence punishable under Section 279/304A IPC.

5. Charge was framed against the accused on 23.04.2003 and the accused pleaded “not guilty” and claimed trial. Evi