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PURUSHAINDRA KUMAR KAURAV
State (NCT Of Delhi) – Appellant
Versus
Raj Kumar S/o Ranbir Singh – Respondent
JUDGMENT :
1. This appeal under Section 378 of the Code of Criminal Procedure, 1973 (In short “Cr.P.C.”) is directed against the judgment of acquittal dated 31.08.2015 passed by Metropolitan Magistrate, District North West, Rohini Courts, Delhi in connection with FIR No. 59/2008 at PS Vijay Vihar, Delhi for the offence punishable under Sections 279/304A of the Indian Penal Code, 1860 (In short “IPC”).
2. The prosecution case in brief is that on 16.11.2008 one Sudhir Maan (“Complainant”) was present at his house. On that day at about 8 p.m. his friend namely Rakesh Dabas (“deceased”) and Dilbagh (PW-10) came to him at his house. Thereafter, they all proceeded to village Karala at the house of their friend. They were going to Karala on two motorcycles. The deceased was driving the motorcycle bearing registration No. DL-8SAH-5151 and Dilbagh (PW-10) was on another motorcycle with the complainant (PW-1). The deceased was driving the above said motorcycle ahead of their motorcycle. When they reached at a 100 feet road, one Tempo Traveller bearing registration no. DL-lVA-4233 came from
The prosecution must establish negligence or rash driving beyond reasonable doubt; lack of corroborative evidence from independent witnesses is crucial for acquittal.
Acquittal upheld in appeal as prosecution failed to prove driver's and vehicle's identity beyond doubt due to witness inconsistencies and log sheet contradiction, affirming double presumption of inno....
The presumption of innocence in favor of the accused and the need for substantial and compelling reasons to overturn a trial court's acquittal.
The acquittal of an accused stands if the prosecution fails to establish guilt beyond reasonable doubt, reinforcing the presumption of innocence and limiting appellate interference unless findings ar....
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