Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Sanjay Kumar – Respondent
| Table of Content |
|---|
| 1. trial acquitted motorcyclist blaming truck negligence from photos. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. state argues motorcyclist negligent overtaking bus. (Para 7 , 8 , 9) |
| 3. defense upholds truck high speed wrong side. (Para 10) |
| 4. interfere acquittal only if patently perverse. (Para 11 , 12 , 13 , 14) |
| 5. eyewitnesses unreliable contradicted by photos cross-exam. (Para 15 , 16 , 21 , 22 , 23) |
| 6. right side driving breaches rules negligence. (Para 17 , 18 , 19 , 20) |
| 7. appeal dismissed trial reasonable acquittal upheld. (Para 24 , 25 , 26 , 27) |
JUDGMENT :
RAKESH KAINTHLA, J.
The present appeal is directed against the judgment dated 19.08.2013, passed by learned Additional Chief Judicial Magistrate, Nurpur, District Kangra, H.P. (learned Trial Court) vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Sections 279, 337, 338 and 304A of the Indian Penal Code (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 the police presented a challan before th
In appeal against acquittal for rash driving causing death, uphold trial court's reasonable view based on photographic evidence and site plan showing truck on wrong side over eyewitnesses, unless pat....
Trial court acquittal in rash driving death case upheld where site plan, photos showed motorcyclist on wrong side despite left space, hitting truck rear tyre; invalid licence not negligence per se; n....
Revisional jurisdiction limited; cannot reappreciate evidence without perversity. Overtaking motorcycle on curve amid oncoming traffic is rash negligence under IPC Sections 279/337; probation inappli....
Mere 'high speed' testimony without specifics or skid marks insufficient for rash driving conviction; at intersections, side-road entrants must yield to main highway traffic; reasonable acquittals no....
Revisional court acquits of rash driving/death charges where site plan shows victim vehicle on wrong side, speed unquantified, negligence opinions inadmissible; upholds conviction for fleeing without....
Acquittal upheld in rash driving appeal where site plan/photographs show victim's vehicle in road middle violating keep-left rule as proximate cause; vague 'high speed' and negligence opinions insuff....
The main legal point established in the judgment is that the failure to prove the identity of the driver led to the acquittal of the accused, but the appeal allowed and the accused was convicted for ....
An acquittal can be upheld when evidence does not unequivocally establish guilt beyond reasonable doubt, reaffirming the principle of presumption of innocence.
In acquittal appeals, no interference unless perverse; 'high speed' without quantification or collision corroboration fails to prove rash/negligent driving; trial court's reasonable view upheld.
Acquittal under IPC Sections 279/337 upheld as site plan showed accused vehicle on correct side, witnesses' vague 'high speed'/negligence opinions inadmissible, no specific negligence proved; appella....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
