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If a minor child is found involved in a road accident while driving a vehicle owned by a parent,the latter could be liable for aiding and abetting the offence. The Bombay High Court on Wednesday directed the Khar police to register a case of aiding and abetting the offence against Allaudin Shaukat Sheikh under Section 109 of the Indian Penal Code.
Sheikh has already been convicted under the Motor Vehicles Act after his minor son knocked down a senior citizen,leading to his death,last year. A division bench of Justices AM Khanwilkar and PD Kode directed the police to register a fresh first information report and investigate whether Sheikh was aware of his son taking his motorbike,in the wee hours of January 4,2009.
Interestingly,the police had registered two cases against Shaikh and his son,in the same offence,in which both were convicted the son by the juvenile court and the father under Section 180 of the Motor Vehicles Act. The court was surprised to know that two FIRs were registered. The police had no propriety to register two FIRs in the same offence, it said.
However,agreeing with a petition filed by Vinod Jagtiani son of deceased Moti Jagtiani (83),it said,There is substance in the grievance of the petitioner. The vehicle was in the name of Sheikh; thus it was his responsibility to know who was taking the keys of the motorbike. The circumstances in which the minor son got possession of the keys needs to be investigated.
The court also ruled that an officer not below the rank of assistant commissioner should investigate the matter.
Jagtiani said in his petition that his father was walking by the road near Khar telephone exchange when the speeding accused minor knocked him down. He then fled,but a car driver chased him down and took him to the police. Initially,the police registered a case of rash and negligent driving against the minor,which was later altered to causing death due to negligence. He pleaded guilty before the juvenile court and was convicted and released on probation. Sheikh was also convicted and released on a fine of Rs 2,000.
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