Observing that a vehicle may be “rashly or negligently driven” even without “high speed”, a Delhi court ordered the re-trial of a road accident case, where the driver of a Delhi Transport Corporation (DTC) recovery van had been acquitted.
Additional Sessions Judge Pulastya Pramachala directed a trial court to conduct re-trial of the case, in which a biker was killed after the bike was allegedly hit by a DTC recovery van driven by accused Virender Singh.
Acquitting Singh, the magisterial court had concluded that the DTC van was towing another bus, and hence, it was impossible for the offending vehicle to be driven at a high speed.
Objecting to the explanation, the sessions court observed, “Recovery van was towing another vehicle and it is not always a case that a vehicle travelling at a high speed is assumed to be driven in a rash or negligent manner. A vehicle may be rashly or negligently driven without high speed as well,” the court said.
According to the prosecution, Singh was driving the van in a rash and negligent manner and hit a motorcycle. The rider Ikram died due to the accident.
The trial court, however, discharged the accused, observing that he was connected to the case only on the basis of the statement of an eyewitness who was produced later by police.
The trial court had noted that just to solve the case, a person was made to pose as an eyewitness.
However, the sessions court, directing re-trial in the case, said the present case “prima-facie” disclosed commission of offence under IPC Sections 279 (driving rashly and negligently) and 304-A (causing death by rash or negligent act) against Singh.