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IN THE HIGH COURT OF DELHI AT NEW DELHI
Saurabh Banerjee
Manish Kumar – Appellant
Versus
State of NCT Delhi – Respondent
JUDGMENT :
1. The petitioner, by the present petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 , Hereinafter referred as “ Cr.P.C . seeks to assail the judgment dated 03.12.2022 passed by the learned Additional Sessions Judge-07, South, Saket Courts, New Delhi, [Hereinafter referred as “learned ASJ”] in Criminal Appeal no.384/2019 whereby the learned ASJ has dismissed his appeal and upheld the order of conviction dated 03.09.2019 and order of sentence dated 16.09.2019 passed by the learned Metropolitan Magistrate-06 (South), Saket Courts, New Delhi, [Hereinafter referred as “learned MM], however reduced the sentence to eighteen months from twenty four months under Section 304A of the IPC , arising out of FIR No.48/2012 dated 20.02.2012 registered under Section(s) 279/304A at P.S. Hauz Khas, Delhi, whereby the petitioner was convicted of offences under Section(s) 279 & 304A of the Indian Penal Code, 1860 , [Hereinafter referred as “ IPC ] and awarded sentence of two years Rigorous Imprisonment, [Hereinafter referred as “RI] under Section 304A IPC and six months of Simple Imprisonment, [Hereinafter referred as “SI] under Section 279 IPC , [both s
The prosecution must prove beyond reasonable doubt that the accused was driving in a 'rash and negligent' manner; mere high speed does not suffice to establish guilt under Sections 279 and 304A IPC.
Driving recklessly and losing control of a vehicle causing injury or death constitutes negligence, warranting conviction under Sections 279, 337, 338, and 304-A IPC.
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.
Rash driving or riding on a public way – There is no such statutory exception pleaded in the present case. In absence of any material on record, no presumption of "rashness" or "negligence" could be ....
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