State of H.P vs Swaroop Singh - 2025 Supreme(HP) 1845

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1845

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P – Appellant
Versus
Swaroop Singh – Respondent

Advocates Appeared:
For the Appellant :Mr Ajit Sharma, Deputy Advocate General.
For the Respondent:Mr Naresh Kaul, Advocate.

Table of Content
1. appeal against acquittal for rash negligent driving. (Para 1 , 2)
2. trial court acquitted holding motorcyclist negligent. (Para 3 , 4 , 5 , 6)
3. parties contend on evidence appreciation and fault. (Para 7 , 8 , 9 , 10)
4. interfere with acquittal only if perverse. (Para 11 , 12 , 13 , 14)
5. no valid licence not proof of negligence. (Para 15 , 16 , 17 , 18)
6. site plan shows motorcycle hit truck rear. (Para 19 , 20 , 21 , 22)
7. driving wrong side violates road rules negligence. (Para 23 , 24 , 25 , 26)
8. appeal dismissed upholding reasonable acquittal. (Para 27 , 28 , 29)

JUDGMENT :

Rakesh Kainthla, J.

The present appeal is directed against the judgment dated 16.09.2014, passed by learned Judicial Magistrate First Class, Court No. II, Nurpur, District Kangra, H.P. (learned Trial Court), vide which the respondent (accused before learned Trial Court) was acquitted of the commission of offences punishable under Sections 279, 337, 338 and 304-A 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 th