J U D G M E N T

1. The present appeal is filed under section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) to impugn the judgment dated 30.03.2019 (hereinafter referred to as “the impugned judgment”) passed by the court of Sh. Rakesh Kumar, MM (North-West), Rohini Courts, Delhi (hereinafter referred to as “the trial court”) in trial arising out of FIR bearing no. 0865/2001 registered under sections 279/337/304A of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) at P.S. Mangol Puri.

2. The respondent was put to trial bearing Unique Case Identification No. 534464/2016 arising out of FIR bearing no. 0865/2001 registered under sections 279/337/304A IPC at P.S. Mangol Puri on the allegations that the respondent on 02.11.2001 at about 08:30 am was found driving a truck bearing registration no. DL-lGB-3046 (the offending vehicle) and hit against a scooter bearing registration no. DL-4S-7576 and caused simple injury to its rider namely Sumit Kumar and death of the pillion rider namely Sonia (hereinafter referred to as “the deceased”).

2.1 The notice under section 251 of the Code was given notice to the respondent vide order dated 29.09.2005 to which he has pleaded not guilty and claimed trial. The respondent stated that he was not rash or negligent and the accident had happened due to the fault of the driver of the scooter. The prosecution in support of its case examined 8 witnesses including the only eye-witness namely Sumit as PW1 who is stated to have received simple injuries in the accident. PW1 deposed that he along with his sister i.e. the deceased on

02.11.2001 was going to drop the deceased at Hostel Kasturba Kanya Vidhyala, Okhla on scooter bearing registration no. DL-4S-7576. PW1 Sumit was driving the scooter and the deceased was sitting on the pillion seat. PW1 Sumit further deposed that they at about 08:00 am reached between Deepali Chowk and Madhuban Chowk then one truck bearing registration no.3046 came from the back side being driven at fast speed and in a rash and negligent manner and hit against the scooter. PW1 Sumit due to the impact fell down on the left side and the deceased had fell down on the other side which caused simple injury upon to him but the back wheel of the truck ran over the deceased. The driver of the truck had run away from the spot after causing accident. The deceased was removed to Jaipur Golden Hospital where she was declared dead. The prosecution also examined other police officials who remained connected and participated in the investigation including PW6 Investigating Officer SI Srinivasan. The respondent admitted the post-mortem report of the deceased, MLC pertaining to the deceased and PW1/Sumit Kumar, Mechanical Inspection Reports of the truck bearing registration no. DL-1GB-3046 and the scooter bearing registration no. DL-4S-7576 and other documents. The statement of the petitioner was recorded under section 313 of the Code wherein he pleaded innocence and false implication. The respondent preferred not to lead defence evidence.

2.2 The trial court vide the impugned judgment had acquitted the respondent for the offences punishable under sections 279/337/304A IPC by observing as under:-

15. PW1 is the sole eye witness in the case in hand. It is clear from testimony of PW1 who was eye witness that on 02.11.2001, he alongwith his sister Sonia were going on a motorcycle to drop the Sonia at her hostel. Aforesaid motorcycle was being driven by PW1 and deceased Sonia was sitting as a pillion rider. PW1 further deposed that at around 8.00 AM, when they reached between Deepali Chowk and Madhuban Chowk one truck came from the back side which was being driven at a fast speed and in a rash manner and struck against their scooter. Due to impact of striking by aforesaid truck he fell on the left side and his sister fell down on the other side and the back when of the truck ran over her sister and the driver ran away from the spot. PW1 further stated th