The prosecution must establish the rash and negligent manner of driving to convict a defendant for offences related to a road traffic accident.

Mukta Gupta, J.

Crl.M.A. No.13503/2016 (Delay)

For the reasons stated in the application delay of 197 days in filing the leave to appeal petition is condoned. Application is disposed of.

CRL.L.P. 456/2016

Aggrieved by the judgment dated 17th October 2015, whereby the learned Metropolitan Magistrate acquitted the respondent for the offences punishable under Sections 279/304A IPC, the State has preferred the present leave petition.

2. Briefly stated, the prosecution case is that on 16th September 2008, at about 5:36 P.M., DD No.26 regarding a road traffic accident was received and marked to HC Ami Chand. He alongwith Ct. Krishan Kumar reached the place of the incident on the main road in front of B-86, Okhla Industrial Area Phase-II where they found a three-wheeler TSR/Minidor bearing registration number DL-1-LJ-7065 in accidental condition. One person namely Trilok produced the respondent and informed him that the child namely Mohit had sustained injuries in the accident who was taken to the hospital by his father. In the meanwhile, HC Naeem Ahmed reached the spot with DD No.33 regarding admission of the injured persons at AIIMS Trauma Centre. Thereafter, he went to the hospital and collected the MLC of the injured wherein the doctor had declared him brought dead. He recorded the statement of Jagan, father of the deceased who stated that on 16th September 2008 he along with his 8-year old son Mohit was going for some work to B-Block Okhla Industrial Area. While crossing the road he saw one three-wheeler coming from Puri Chowk side in high speed. While driving in a rash and negligent manner the drive hit his son due to which his son fell on the road and came under the tyre of the vehicle. He sustained injuries on his chest due to which lot of blood oozed out. One person namely Trilok Chand came there and with the help of public persons they caught hold of the driver of the vehicle namely Pawan Kumar. Thereafter, he took his son to Trauma Centre AIIMS, who succumbed to his injuries on the way. The public persons present there wrote down the number of the TSR on a piece of paper and gave it to him. On the basis of the aforesaid statement, FIR No. 409/08 was registered at PS Okhla Industrial Area for offences punishable under Sections 279/304A IPC.

3. Thereafter, he went to the spot with the father of the victim and seized the offending vehicle vide seizure memo Ex.PW-1/B. The case was handed over to ASI Nizamuddin for further investigation. He recorded the statement of Trilok Chand and prepared the site plan at his instance vide Ex.PW-1/G. The slip pertaining to the number of the offending vehicle was seized vide seizure memo Ex.PW-1/C. The respondent was arrested vide arrest memo Ex.PW-1/E and his personal search was conducted vide Ex.PW-1/F. the driving license of the respondent was seized vide seizure memo Ex.PW-1/D. On completion of investigation, charge sheet was filed. Charge was framed for offences punishable under Sections 279/304A IPC.

4. Prosecution examined 7 witnesses.

5. Jagan Singh (PW-1) father of the deceased deposed in sync with his statement made to the police. In his cross-examination he stated that he had not seen his son riding the bicycle on the date of incident. He heard from Trilok that his son had met with an accident. He knew Trilok as he was a scrap dealer in that area. He further denied the suggestion that the offending vehicle was in a stationary condition and that his son was riding a bicycle which hit against the stationary offending vehicle resulting in fatal injuries.

6. Trilok Chand (PW-2) deposed that the he doesn't remember the exact date of the incident but the same had taken place in the month of May or July. At the time of the incident, he was eating food at a street vendor in Sanjay Colony, Okhla Industrial Area when he saw one vehicle coming from the side of Puri Chowk. Jagan and his son were coming from the opposite direction and the respondent was driving the vehicle bearing number DL-1-