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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Tapinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. high-speed unregistered tractor hit children causing deaths. (Para 1 , 2) |
| 2. trial featured prosecution witnesses and accused denial. (Para 3 , 4 , 5) |
| 3. lower courts convicted for rash negligent driving. (Para 6 , 7) |
| 4. parties dispute tractor registration and driver identity. (Para 8 , 9 , 10 , 11) |
| 5. revisional jurisdiction limits interference absent perversity. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 6. witnesses confirm tractor had no registration plate. (Para 19 , 20 , 21) |
| 7. wrong tractor mechanical report irrelevant sans defect. (Para 22 , 26) |
| 8. seizure and ownership ambiguity unproven prosecution doubt. (Para 23 , 24 , 25 , 27 , 28) |
| 9. defence witnesses rejected for unreliability inconsistencies. (Para 29 , 30 , 31 , 32) |
| 10. eyewitnesses place accused in driving seat. (Para 33 , 34 , 35) |
| 11. corroborated hostile witness testimony admissible. (Para 36 , 37 , 38 , 39) |
| 12. wrong-side driving breaches rules constitutes negligence. (Para 40 , 41 , 42 , 43 , 44) |
| 13. post-mortems confirm accident caused fatalities injuries. (Para 45 , 46) |
| 14. deterrent imprisonment mandated for fatal rash driving. (Para 47 , 48 , 49 , 50 , 51) |
| 15. revision dismissed upholding conviction sen |
Revisional jurisdiction limited; no interference with concurrent conviction for rash driving on wrong side causing deaths absent perversity, despite vehicle registration ambiguity, as eyewitnesses re....
Revisional jurisdiction under CrPC Section 397 limited to patent errors/perversity, not re-appreciating evidence; driving on wrong side of road negligence causing accident, upheld conviction but redu....
Revisional jurisdiction limited to perversity; lower courts erred ignoring mechanical reports' inconsistencies on vehicle damage and witness speed contradiction, creating reasonable doubt on rash dri....
The court held that concurrent findings of two lower courts regarding negligence and causation in a motor vehicle accident are binding unless proven erroneous, reinforcing limitations on the scope of....
Revisional jurisdiction limited; cannot re-appreciate evidence or upset concurrent findings on rash negligent driving causing death absent perversity; wrong side driving negligence per road rules; 31....
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....
Revisional jurisdiction limited to patent errors or perversity, not reappreciating concurrent findings; high speed in crowded area causing loss of control despite sudden obstacle constitutes driver n....
Revisional jurisdiction under CrPC limits High Court to correcting patent defects or perversity; cannot reappreciate evidence to upset concurrent conviction absent jurisdictional error or miscarriage....
Revisional jurisdiction limited: no reappreciation of evidence to upset concurrent conviction for rash driving (wrong side/parking too close on slope causing grievous hurt) absent perversity or juris....
Revisional court cannot reappreciate evidence to upset concurrent convictions under IPC Sections 279, 337, 338 absent perversity; driving on wrong side of narrow curve without precautions constitutes....
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