A Kalka court has acquitted a truck driver accused of causing the deaths of four persons in a 2018 road accident, observing that the prosecution failed to establish beyond reasonable doubt that he was driving the truck at the time of the collision or that he was driving rashly or negligently.
The court observed that mere occurrence of an accident or collision is not sufficient to establish criminal rashness or negligence. The court acquitted Dinesh, a resident of Uttar Pradesh, of charges under Sections 279 (rash driving), 337 (causing hurt negligent act) and 304-A (death by negligence) of the Indian Penal Code. The judgment was pronounced on August 20.
It also noted that “high speed”, by itself, does not necessarily establish rash or negligent driving and that the prosecution must prove the specific act or omission attributable to the accused.
Another significant point noted by the court was the manner of the identification proceedings. The investigating officer admitted that no person other than the accused was produced before Mela Singh during the identification process. The court held that this did not provide independent assurance regarding the accused’s identity.
“Rashness or negligence of a driver cannot be presumed merely because an accident has occurred,” the court observed, adding that the prosecution must prove the specific act or omission constituting rashness or negligence.
The court noted that the complainant and alleged eyewitness, Mela Singh, died during the pendency of the trial. Consequently, his alleged identification of the accused during investigation could not be tested through substantive testimony and cross-examination. Holding that the prosecution had failed to prove the case beyond reasonable doubt, the court extended the benefit of doubt to Dinesh and acquitted him of all charges.
