* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 28^th October, 2025

Pronounced on: 13th January, 2026

+ CRL.A.1547/2025

THE STATE GOVT OF NCT OF DELHI .....Petitioner

Through: Ms. Richa Dhawan, APP.

versus

SANJAY KUMAR

S/o Sh. Rajender Singh,

R/o Village Bajitpur,

P.O. Nangal Thakran, Delhi. .....Respondent

Through: Mr. Sarvesh Tyagi, Adv.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Criminal Appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed by the Petitioner/State against Judgment of acquittal dated 30.05.2017, whereby learned MM acquitted the Respondent/Sanjay Kumar for offence under Sections 279/304A Indian Penal Code, 1860 (hereinafter referred to as

“IPC”).

2. Brief facts of the case are that on 02.05.2007 at about 02:15 PM, Respondent/Sanjay Kumar was driving his school bus bearing No. DL1V5202 in a rash and negligent manner. The bus stopped in front of the Complainant’s (Smt. Ratneesh Solanki) house and her daughter, Diksha Solanki deboarded the bus and immediately thereafter, bus driver raced the

bus and hit into the Complainant’s son, master Aditya, who was immediately rushed to the Hospital, where he was declared brought dead.

3. On the statement of Complainant/Smt. Ratneesh Solanki (mother of deceased child) present FIR No.45/2006 under Sections 279/304A IPC was registered at P.S. Prashant Vihar, Delhi.

4. On 05.02.2010, a Notice was framed by the learned ACMM against the accused under Sections 279/304A IPC, to which the accused pleaded not guilty and claimed trial.

5. The Prosecution, in support of its case, examined total 12 witnesses in all.

6. PW-2, Smt. Ratneesh Solanki (mother of deceased child), who was also an eye-witness and deposed that on 23.01.2006 at about 02:15 PM, she was standing in the balcony of her house and her son, Aditya was playing in the street. She saw the Respondent driving school bus, Ex.P1 in rash and negligent manner and hit her son. On her Complaint, Ex.PW-2/A, the present FIR No.45/2006 Ex.PW-2/B was registered.

7. PW-3, Subhash Chand Solanki (father of deceased child) went to Mortuary of BJRM Hospital and identified the dead body of his son, which was handed over to him vide handing over memo, Ex.PW-3/A.

8. PW-9, Ms. Diksha Solanki (sister of deceased child) was also an eye- witness, who deposed about deboarding the school bus on 23.01.2006 at 02:00 PM. She further deposed that her brother Aditya, who was aged 03 years and 03 months, was playing in the street just ahead of her house and was hit by the bus, because of which he sustained fatal injuries.

9. PW-5, Rakesh Sharma, Caretaker of Transport in Titiksha Public School was served under Section 133 Motor Vehicle Act, to which he gave a Reply Ex.PW-5/A, stating that the at the time of accident, bus was being driven by the respondent.

10. PW-8, ASI Devender Kumar (Retd.) conducted the Mechanical Inspection of the bus, Ex.PW-8/A.

11. PW-6, Anil Sharma, Record In-charge of Saroj Hospital, identified the signatures of Dr. Surender Rana and brought the MLC No.1439 dated

23.01.2006, Ex.PW-6/A.

12. PW-11, Dr. Anil Shandil, proved the Post-Mortem Report, Ex.PW- 11/A and opined that cause of death was Cranio Cerebral Damage resulting from head injury in road traffic accident.

13. PW-1, H.C. Rishi Prakash (formal witness) was the duty officer who deposed that on 23.01.2006 at about 5:05 PM, he received a rukka from Ct. Banni Singh, on the basis of which he registered the FIR No. 45/2006, Ex.PW-1/A.

14. PW-10, H.C. Om Prakash, on receiving information about accident and the child being hit by a vehicle, recorded DD No.27, Ex.PW-10/A.

15. PW-4, Ct. Banni Singh along with PW-7 Ct. Radha Krishan and by PW-12/SI Balkishan, I.O. went to the spot and conducted initial investigations. He deposed that the I.O. served the Notice under Section 133 of Motor Vehicle Act to the Transport Officer of the School, who produced the offending vehicle and the driver