A man accused of causing death of another person in a road mishap, has been let off by a city court which held the victim responsible for his death as he was drunk and was riding his bike without a helmet. The court acquitted the man of the offences of rash and negligent driving and causing death by negligence under the IPC and said “it was rather the deceased (victim) who had caused the accident and it was he who was on the wrong side of the law.”
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“A perusal of medical report of the deceased shows that he was riding the motorcycle without helmet and was under the influence of alcohol. This establishes that it was rather the deceased who had caused the accident and it was he who was on the wrong side of the law,” Additional Chief Metropolitan Magistrate Sandeep Garg said.
The court also said the investigating officer “feigned ignorance” about victim being drunk and not wearing helmet and failed to record statement of the pillion rider on the bike of the accused.
“The explanation given by IO that the said pillion rider could not be traced, is not tenable as his complete address is mentioned in the MLC and he could have easily gathered his address during investigation.
“All this establish that the accused has been falsely implicated in the present case and he deserves to be acquitted of the charges levelled against him,” it said.
“In view of the above discussion, the court holds that prosecution has failed to discharge the onus of establishing guilt of the accused. Accordingly, accused is acquitted of the charges levelled against him,” the court said.
The court also noted that the version of the complainant, who was riding pillion on the victim’s bike, was contrary to the prosecution case with regard to the place of the accident and the route taken by the victim.
According to the prosecution, on the midnight of October 27, 2012 complainant Chandani was riding pillion on a bike being driven by the victim, Vikrant, when they had a head-on collision with the bike of accused Nebu Mathew, a Kerala native, in Saket area of South Delhi.
The injured victims were taken to a hospital where Vikrant died during treatment and Chandani lodged a police complaint.
During trial, the accused denied the allegations against him and blamed the victim for his negligence.