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PURUSHAINDRA KUMAR KAURAV
State Of NCT Of Delhi – Appellant
Versus
Shiv Narain Chaudhary, S/o Saryug Chaudhary – 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 08.09.2015 passed by the Metropolitan Magistrate, South District, Saket Courts, New Delhi in connection with FIR No. 245/10 registered at Police Station Ambedkar Nagar, Delhi for the offence punishable under Sections 279/304A of the Indian Penal Code, 1860 (In short “IPC”).
2. The prosecution case in brief in that on 20.08.2010, Head Constable Rameshwar, received DD No. 28A and he accordingly proceeded with Constable Mahavir Prasad (PW-1) to the place of the accident i.e., M.B. Road in front of old petrol pump, where, motor cycle bearing no. DL-3SBJ-8795 (in short “accidental motorcycle”) and bus bearing no. DL-1PB-9178 (in short “offending bus”) were found present. The injured was also found lying near the motor cycle, who was then moved to AIIMS hospital in government vehicle bearing no. DL-1CM-1624 by PW-1. Constable Balram (“Complainant”) was found present at the spot whose statement was recorded with regard to the accide
The prosecution must establish negligence or rash driving beyond reasonable doubt; lack of corroborative evidence from independent witnesses is crucial for acquittal.
Point of law : 42(5) If two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.
High speed alone insufficient for rash/negligent driving proof; probable defence of evading sudden obstacle via justified deviation upheld acquittal on appeal.
The court ruled that mere assertions of high speed do not establish negligence without specific evidence supporting such claims in accidents, sustaining the principle of a presumption of innocence.
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