JUDGMENT

Mukta Gupta, J.

1. By the present petition the Petitioner seeks setting aside of the order dated 18th February, 2010 passed by the learned Additional Session Judge upholding the order of conviction of the Petitioner passed by the learned Metropolitan Magistrate under Sections 304A and 279 IPC. Learned Metropolitan Magistrate vide order dated 19th September, 2007 sentenced the Petitioner to undergo Rigorous Imprisonment for 6 months for offence punishable under Section 279 IPC and a fine of Rs 500/- and to undergo Rigorous Imprisonment for 1 year and Rs. 1000/- fine under Section 304A IPC, in default of payment of fine to undergo Simple Imprisonment for one month.

2. The brief facts of the Prosecution case are that on 25th November, 1999, while Jitender Sharma was standing in front of Sunny Selection, Babarpur Road, Delhi, a school bus bearing registration No. DL 1P 1690 was going towards Shahadra from Maujpur via Babarpur Road. At about 1:15 pm, one boy was going towards West Gorakh Park from Babarpur Road. The bus driver was driving the bus at a high speed in a rash and negligent manner which struck the boy and as a result the boy fell down at the spot. The bus driver