The Delhi High Court has acquitted a bus driver who was sentenced to one-year imprisonment by a sessions court for rash and negligent driving that allegedly led to the death of a motorcycle pillion passenger in February 2006.
Justice Manoj Kumar Ohri gave Narender the “benefit of doubt”, noting that there was no cogent material on record to establish his guilt for the offences punishable under Sections 304A (causing death by negligence) and 279 (rash driving) of the Indian Penal Code.
An FIR was registered against Mr. Narender based on the complaint by Yaduvendra Singh, who was riding the motorcycle along with his sister on the pillion.
As per the complaint, around 9.45 p.m. on February 5, 2006, Mr. Singh along with his sister Shagun was going from Darya Ganj to Mayur Vihar on his motorcycle.
While taking right turn at the Rajghat red light, a bus driven by Mr. Narender hit the motorcycle from behind. Mr. Singh and Shagun both fell down and the bus ran over his sister causing her death on the spot.
“The witness, Mr. Singh, has baldly asserted that the bus was being driven in a rash and negligent manner. But he has not given any details as to the manner in which the bus in question was being driven,” the HC said.
The HC said that in order to impose criminal liability on Mr. Narender, the prosecution had to prove that he had acted with recklessness and there was a failure to exercise reasonable and proper care.
“However, the prosecution case, based solely on the testimony of Mr. Singh, does not establish that the petitioner (Mr. Narender) was driving the bus in question in such a manner that it showed total disregard for life and safety of others,” it said.
“In the instant case, on the mere fact that an innocent died in a road accident, the presumption of rashness and negligence against the petitioner cannot be drawn,” the HC added, while quashing the sessions court judgment convicting Mr. Narender in the case.
