JUDGMENT :

S.C. Mohapatra, J.

Accused is the petitioner in this Criminal Revision against his conviction and sentence affirmed in appeal.

1. Petitioner, a Government servant is a driver of a truck belonging to the State Government under the Superintending Engineer (P.W.D.) Sambalpur. On 2.7.1980, PW 13 who was the Superintending Engineer was coming from Sambalpur to Bhubaneswar in official work in his own car ORP 9360, engaged the accused to drive the car.

Prosecution case is that while petitioner was coming from Sambalpur side driving the car in high speed with PW 13 as the occupant on National High Way No. 42 at about 5 p.m. at village Bimalabeda within Jarpada Police-station, the car dashed against PW 2 a girl aged about five to six years at that time as a result of which PW 2 sustained simple injuries. Injuries were treated by the doctor (PW 10) at Angul Hospital. After causing accident, the car was driven away by accused which was detained at Dhenkanal by Sadar Police-Station on basis of wireless message received. After investigation accused was charge-sheeted to face trial where he pleaded not guilty and denied the occurrence.

2. On assessment of evidence, trial Court found petiti