Driver who crushed Kurla kid may be charged under IPC section 304

They may also charge car driver Mohammad Shabir Khan under IPC section 304.

Written by Srinath Rao | Published:March 6, 2013 12:41 am

Six days after Zoya Shaikh (3) was run over by a Maruti Swift while she was playing in a lane outside her home in Kurla (West),police have completed examination of footage from a CCTV camera in a shop at the other end of the lane. They may also charge car driver Mohammad Shabir Khan under IPC section 304 (culpable homicide not amounting to murder). He was charged with causing death due to negligence under section 304 (A) and granted bail.

Offences under section 304 are non-bailable and carry a punishment of life or 10 years imprisonment and a fine,while those under section 304 (A) attract two years or a fine or both.

Last Wednesday,Zoya was playing in the lane next to Kamar Manzil on CST Road. “She was digging soil when the car ploughed into her. How could the driver not have seen a child wearing bright red clothes? said her angusihed father Moinuddin.

There is a CCTV camera at Sayogh Homes located at the entrance of the lane and the footage was handed over to police a few days ago. “We have exmained the footage and after discussion will decide whether or not to charge Khan under IPC section 304,” said Dhananjay Kulkarni,DCP (zone V).

The footage shows Zoya digging gravel with bare hands at the entance of the lane in the last two minutes of her life. She then rises to greet two men carrying gas cylinders out of the lane. One of them taps her on the head. She spends the next few seconds waving at passersby before sitting close to the compound wall of her building. At 4.40 pm,the Swift enters the lane from CST Road and runs over her.

Despite the screams of Miznah Shaikh,who is walking a few feet away but not visible in the footage,Khan crushes Zoya under his left front wheel.

Miznah then runs to the car and lifts Zoya. Khan puts Zoya into the car and drives away. Police said she was later declared dead on arrival at Habib Hospital.

Khan works for Miznah,who said he was a very safe driver. “My mother and I were going to my aunt’s in Santacruz and had come out of our building when Khan ran over Zoya. I screamed at him to stop but he didn’t until he had crushed Zoya,” the 12-year-old said.

In the week since the accident,children from Kamar Manzil have stopped stepping out.

“My four-year-old son would have been playing there Wednesday had he not gone to his tuition class. I have not let him out since the accident. Children in the building are now afraid to step out,” said a neighbour.

Moinuddin said: “The driver committed a serious mistake. I have been playing there since I was a child and all children have played there. Khan must be punished severely. Zoya was a few months away from her third birthday and we were planning to send her to a playschool in Kurla.”

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