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DELHI HIGH COURT
SUBRAMONIUM PRASAD
Shivani Sharma – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. negligent driving leading to death (Para 2) |
| 2. scope of revision under cr.p.c. (Para 3) |
| 3. appellate evaluation of evidence (Para 4 , 5) |
| 4. basis for probation consideration (Para 7 , 8) |
| 5. granting probation and passport renewal (Para 9 , 10 , 11 , 12 , 13 , 14) |
JUDGMENT
Subramonium Prasad, J. (ORAL)--The present petition under Section 397 /401 Cr.P.C is directed against the order dated 16.11.2018, passed by the Additional Session Judge-05, Saket Courts, Delhi in Criminal Appeal No. 407/2017, wherein the learned Additional Session Judge upheld the order of conviction dated 19.07.2017 and order on sentence dated 19.09.2017 passed by the learned Metropolitan Magistrate-04, South East District, Saket.
2. The facts, in brief, leading to the instant revision petition are as under:
a) It is the case of the prosecution that on 13.08.2013, at about 1:00 PM, at Shahid Surya Sain Marg, Near Gate No. 8, Mandakini Enclave, New Delhi, the petitioner herein (accused), who was driving a Wagon-R car bearing registration No.DL-3CT-4641 in rash and negligent manner, hit a pedestrian, one Govind Gautam, causing his death.
b) After completion of investigation, Charge-sheet was filed s
The court upheld the conviction for reckless driving resulting in death, affirming that evidence from police officials can be credible without independent corroboration.
Motor Accident - Causing death by negligence - Conviction confirmed - Power of a revisional court - It is well settled that a revisional court is not an appellate court and it cannot substitute its c....
The court emphasized the duty of drivers, especially professionals, to maintain utmost care and determined an appropriate deterrent sentence in cases of vehicular negligence resulting in death.
The court affirmed the conviction for negligent driving resulting in death, establishing that the accused's recklessness was the primary cause of the victim's fatal injuries.
The admissibility of dying declaration, reliance on eyewitness testimonies, and the causal link between the accident and the death were central to the Court's decision.
Conviction for negligent driving requires substantial evidence beyond mere speed; a driver cannot be held liable under IPC without evidence proving rashness and negligence distinctly.
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