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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
PARTHIVJYOTI SAIKIA
Dibakar Dutta S/o Lt. Maheswar Dutta – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. T.J. Mahanta, the learned senior counsel assisted by Mrs. P. Bhattacharjee, the learned counsel appearing for the petitioner. Also heard Mr. B. Sarma, the learned Addl. Public Prosecutor, Assam.
2. This is an application under Section 401 read with Section 397 of the CRIMINAL PROCEDURE CODE challenging the judgment and order dated 05.12.2008 passed by the learned learned Addl. Chief Judicial Magistrate, Golaghat in G.R. Case No.1046/2007 affirmed by the learned Sessions Judge, Golaghat in Criminal Appeal No.01/2009.
3. On 04.10.2007, the four year old girl Nandini Gogoi was crossing the National High Way No.37, a car bearing Registration No.AS-03G-0115 (TATA Indica) driven by the present petitioner, was coming from the direction of Bongaon and going towards Dergaon, had hit the girl on the middle of the National Highway. The baby girl sustained serious injury. She had to be taken to Dibrugarh Medical College & Hospital. But unfortunately, on 05.10.2007, the baby had succumbed to her injuries.
4. Police registered the case being Dergaon P.S. Case No.250/2007 under Sections 279 /304-A of the INDIAN PENAL CODE . Ultimately, on conclusion of in
The court determined that mere speed does not prove negligence or rashness without evidential support, emphasizing the prosecution's burden to establish guilt beyond a reasonable doubt.
The conviction under Sections 279 and 304(A) IPC was overturned due to insufficient evidence of rash and negligent driving.
High speed alone does not prove rash and negligent driving; credible evidence is required to establish such behavior.
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.
Conviction under IPC Sections 279 and 304A requires proof of rashness or negligence, which was established through evidence of excessive speed and failure to brake.
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