Rash and Negligent driving case not proved as complainant fails to identify driver

Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. dismissed a criminal leave petition filed against the judgment of the Magistrate whereby the respondents were acquitted of offences punishable under Sections 279 and 338 IPC along with Sections 146 and 196 of Motor Vehicles Act, 1988.

According to the prosecution, on the day of the incident, the respondents were driving a bike without an insurance policy on a public way in a rash and negligent manner. They hit the complainant who fell down and sustained injuries. Case of the prosecution rested upon the testimony of the complainant who stated that he was crossing the road on a green signal and on reaching the middle of the road he was hit by the respondents’ bike.

The High Court noted that the complainant did not depose as to which of the respondents was driving the bike in a rash and negligent manner. Thus, he failed to identify the accused who committed the offence. Furthermore, the prosecution failed to clarify whether the green signal was for pedestrians or vehicles. In such view of the matter, the Court was of the view that judgment of the Magistrate did not require interference. The petition was dismissed. [State v. Mohd. Furqan,2018 SCC OnLine Del 12913, dated 20-09-2018]

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