New Delhi: A court here has dismissed the plea of a DTC bus driver against his conviction and sentence in a rash and negligent driving case that left a pedestrian dead, saying "a person driving commercial vehicle, is under a duty to be in position to control it".
District and Sessions Judge Ina Malhotra, while upholding a magisterial court order, said, "A person driving a vehicle, especially a commercial one, is under a duty to be in the position to control the vehicle".
"Appeal dismissed. Order of conviction and sentence upheld. Appellant/accused be taken into custody," the judge said while holding him guilty of the offences under sections 279 (rash driving) and 304A(causing death by negligence).
The court also rejected the contention of bus driver Sadhan Kumar that he be acquitted as no public witness had been examined to prove the case of the prosecution.
"The submission that there was no one from the public who was examined as a witness to the accident, is not enough to entitle the accused to be acquitted," it said.
The court also relied on the testimony of an eye-witness who had admitted victim Raj Kumari to AIIMS, where she was declared brought dead on arrival.
"There is nothing to doubt the presence of the eye witness," it said.
According to the prosecution, on August 13, 1998 a DTC bus driven rashly and negligently, hit Kumari who was walking on a roadside near Deshbandhu College here. She was mowed down by the bus and died before reaching hospital.
The trial court had held Kumar guilty and sentenced him to three months simple imprisonment.
In his appeal, Kumar had contended that testimony of the eye witness was doubtful and the prosecution had not placed on record any document to show that he was present at the spot during the accident.