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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Sushil Kukreja, J
State of Himachal Pradesh – Appellant
Versus
Karnail Singh – Respondent
JUDGMENT :
Sushil Kukreja, J.
The present appeal has been preferred by the appellant/State (hereinafter referred to as “the appellant”) laying challenge to judgment, dated 30.06.2011, passed by learned Judicial Magistrate First Class (I), Kangra, District Kangra, H.P., whereby the accused/respondent (hereinafter referred to as “the accused”) was acquitted for the offences punishable under Sections 279 & 337 of Indian Penal Code (hereinafter referred to as ‘ IPC ’).
2. The prosecution story, in brief, is that on 19.12.2004 the accused was driving Bus (Jayanti Bus Services), bearing registration No. HP-36-5525, in which, Sanjay Kumar alongwith Sanjay Shukla was also travelling. When the bus reached near Nevia Hotel Gaggal, the accused started driving the same in a rash and negligent manner and lost control over the same while overtaking a Maruti Van, owing to which, the bus collided against the hill and got damaged from front side. In the aforesaid accident, Sanjay Kumar and other persons received injuries. The factum of the accident was informed to police, upon which, H.C. Som Raj, visited Sub Divisional Hospital Kangra and recorded the statement of injured Sanjay Kumar under Section 1
The prosecution must prove guilt beyond reasonable doubt in criminal cases, and an acquittal strengthens the presumption of innocence for the accused.
The prosecution must prove charges beyond reasonable doubt; acquittal strengthens the presumption of innocence.
The prosecution must prove negligence or rashness beyond reasonable doubt; mere high speed does not suffice to establish liability.
The presumption of innocence is strengthened by an acquittal, and the prosecution must prove guilt beyond reasonable doubt, which was not achieved in this case.
The prosecution must establish negligence or rash driving beyond reasonable doubt; lack of corroborative evidence from independent witnesses is crucial for acquittal.
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