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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Hans Raj – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment dated 25.10.2010 passed by learned Judicial Magistrate First Class, Theog, District Shimla (learned Trial Court) vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Sections 279 and 304A of INDIAN PENAL CODE (hereinafter referred to as IPC). (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated, the facts giving rise to the present appeal are that Sandeep Kumar (PW-2) was posted as HHG in Police Station Kotkhai in the year 2008. He was on a V.I.P. duty on 13.06.2008 on Jubbal-Kotkhai road. At about 1:20 PM, a vehicle bearing registration No. HP63-1318 pick-up Tempo Trax came on a high speed from Gumma and hit a child. His mother Amita Nanda ( PW-5) was walking with him. The child was crushed under the tyres of the vehicle. He was taken to Civil Hospital, Kotkhai but he succumbed to his injuries on the way to the hospital. The accused was driving the vehicle and the accident had occurred due to his high speed and negligence. Sandeep Kumar
Appellate courts must respect acquittals unless the trial court's findings are unsupported by evidence or legally flawed, reinforcing the presumption of innocence.
Point of Law : It is well settled that specific evidence is required to be adduced on record by prosecution to prove rash and negligent driving, if any, on the part of the accused.
Negligence in vehicular accidents must be proven beyond mere assertions of speed; the prosecution bears the burden of establishing culpability.
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