New Delhi: A Delhi court has acquitted a truck driver of the charges of causing death of a motorcyclist by driving rashly, saying just because a person was hit by a vehicle and was killed does not mean that the incident occurred due to rash or negligent driving.
Metropolitan Magistrate Ashok Kumar said the only alleged eyewitness and complainant, Delhi Police constable Manveer Yadav, has not deposed whether the offending vehicle jumped the red light or any other point to show that it was a case of apparent negligence or rashness.
"It is settled law that just because a person was hit by a vehicle and was killed does not mean that the incident occurred due to rash or negligent driving," the magistrate said while acquitting accused Kali Kingkar Mandal, a West Bengal resident.
He said that the central ingredient for the offence under sections 279 (rash or negligent driving) and 304A (causing death by rash or negligent act) of IPC, is that the accident occurred due to rashness or negligence but the same has not been proved by the prosecution.
"Hence, prosecution case is not maintainable against the accused. There is no use of continuing with the trial," the court said.
According to prosecution, on June 15, 2011 at 3 PM near the red light signal at Ashram Chowk, Mandal was driving the truck in a rash and negligent manner and hit motorcyclist Ramesh Kumar leading to his death.
On the complaint of Yadav, who was on duty at the traffic signal at that time, a case was registered under sections 279 and 304?A of IPC after which Mandal was apprehended and the vehicle seized.
During the trial, Mandal pleaded not guilty and claimed trial.