A man facing trial for allegedly causing death of his friend travelling with him in a car which met an accident due to his rash and negligent driving under the influence of liquor,has been acquitted by a Delhi court.
Metropolitan Magistrate (MM) Jyoti Kler let off Pawan Sutt saying he may or may not have been driving the vehicle under influence of liquor and when two views are possible “one in favour of the accused shall be adopted.”
“I am constrained to reach two conclusions. One that the accused (Pawan) was not under the influence of liquor and was driving carefully and the second that he may have been under the influence of liquor due to which he was not able to drive carefully and caused the accident.
“It is the settled principle of law that if two views are possible,one in favour of the accused shall be adopted,” the judge said,adding “I am of considered opinion that the benefit of doubt be extended” to accused Pawan.
The court also pulled up the investigating officer (IO) in the case for not collecting the medical evidence,which could have decided the case.
“Medical evidence could have thrown out the defence taken by the accused but the IO has not taken care to collect such an important piece of evidence,” MM Kler said.
Pawan had been facing trial in a case registered against him by the police for driving rashly and under the influence of alcohol.
According to the police,Pawan and two of his friends were on their way home from a marriage party at Sundervan Farm in Chattarpur here on January 1,2011 when their car hit a tree due to which one Ashok Basoya sitting in the back seat had received injuries and had died.
Defence counsel had refuted the prosecution allegations saying that Pawan was not driving the vehicle rashly and negligently and was also not drunk.
The counsel had said Pawan’s vision was blurred by the head lights of a car coming from opposite direction and so he could not see the tree and had accidentally hit it.
The contention of the defence was also supported by the witnesses in the case,including the other passenger in the car.
“There is no reference to the other factors like behaviour and speech of the accused at the time of examination. It is not clear from the report as to whether the accused was in control of his senses or was incapable of understanding as to what was happening all around,” the court noted,while acquitting Pawan.