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HASMUKH D. SUTHAR
Mohemad Hanif Abdulsatar Teliya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. RULE returnable forthwith. With the consent of learned Counsel appearing for respective parties, present petition is taken up for final hearing today.
2. By way of present petition under Articles 14, 21, 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (for short “CrPC”), the petitioner has prayed for the following reliefs:
3. The case of the prosecution against the petitioner is as under:
The judgment establishes the rebuttable nature of statutory presumptions, the concept of vicarious liability, and the necessity of mens rea and actus reus for criminal liability.
In criminal offence, generally, no one can be held responsible for an offence committed by other except in case of criminal conspiracy or abetment.
The offence under section 199A of the MV Act is independent and can be initiated without a charge against the juvenile for petty offences.
Driver negligent under Sections 279, 304-A IPC for reversing without safety check per Rule 31, crushing child; LMV license valid for <7500kg vehicle; acquittal reversed as perverse.
A revision petition does not permit re-appreciation of evidence unless there is clear illegality or perversity in the findings, and habitual offenders in fatal road accidents are denied the benefit o....
Guardian of a juvenile can be proceeded against only if a juvenile has committed the offense under Motor Vehicles Act.
The main legal point established in the judgment is the duty of a driver to exercise reasonable care and precaution on public roads, and the prosecution's burden to prove rash and negligent driving i....
Negligence and rashness must be proven beyond reasonable doubt for conviction under Sections 279 and 304A IPC; mere involvement in an accident does not equate to guilt.
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