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PURUSHAINDRA KUMAR KAURAV
State (GNCT Of Delhi) – Appellant
Versus
Azad Singh S/o Sh Maha 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 03.07.2015 passed by the Metropolitan Magistrate-03 (Central), Tis Hazari Courts, New Delhi in connection with FIR No. 74/2002 registered at Police Station IP Estate, Delhi for offence punishable under Sections 279/304A of the Indian Penal Code, 1860 (In short, “IPC”).
2. The prosecution story in brief is that on 07.03.2002, Head Constable Sunil Kumar (“Complainant”) was on duty at Anti Snatching Point alongwith Constable Ombir (PW-6) and at about 5:45 PM, he saw that one person was crossing the road from Ambedkar Stadium towards LNJP Hospital. At that time one Dak Van No. DL-l-LB-0735 (“offending vehicle”) came from the side of ITO, BSZ Marg towards Delhi Gate and hit against that pedestrian who had reached in the middle of the road. They rushed towards the spot and found that injured had sustained injuries on his head resulting in his death. The complainant (PW-1) handed over the custody of the accused/driver of the offend
No appellate interference with reasonable acquittal in rash driving case where victim suddenly crossed road, 'high speed' unquantified, witnesses hostile/contradictory, and negligence unproved beyond....
Appellate courts should not disturb acquittal if trial court's view is reasonable and possible on evidence, despite contradictions in prosecution witnesses and support for defence version from site p....
Acquittal upheld in rash driving appeal where site plan/photographs show victim's vehicle in road middle violating keep-left rule as proximate cause; vague 'high speed' and negligence opinions insuff....
The presumption of innocence in favor of the accused and the need for substantial and compelling reasons to overturn a trial court's acquittal.
High speed alone insufficient for rash/negligent driving proof; probable defence of evading sudden obstacle via justified deviation upheld acquittal on appeal.
In acquittal appeals, no interference unless perverse; 'high speed' without quantification or collision corroboration fails to prove rash/negligent driving; trial court's reasonable view upheld.
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