Ramkrishan Upadhyay
Chandigarh, January 31
It is the duty of a pedestrian to look around before crossing a road. Merely because an accident has taken place does not mean that the rashness and negligence on the part of the driver is to be presumed. Rashness and negligence has to be proven by the prosecution by leading cogent and convincing evidence.
While observing this, TPS Randhawa, Additional Chief Judicial Magistrate, has acquitted Ankit Sarkar, a resident of Sector 37, arrested in an alleged case of rash driving and causing death by negligence under Sections 279, 338 and 304-A of the IPC after Sumitra Devi died in the accident.
Pala Ram, her husband, had reported that on August 10, 2018, at about 8 am, both were going to Sector 7. His wife was walking ahead of him. When his wife had crossed the zebra crossing of the Sector 19 road and was about to cross the road when a motorcyclist hit her. His wife as well as the rider suffered injuries. She died at the GHMS, Sector 16.
Court found a prima facie case, and framed charges for the offences punishable under Sections 279 and 304A against the accused, to which he pleaded not guilty and claimed a trial.
Vivek Kathuria, counsel for the accused, said the woman came running and was struck against the right side of his motorcycle. The accused was driving his motorcycle on his correct left side of the road at a moderate speed.
The public prosecutor said the complainant as well as other witnesses had corroborated the prosecution story and it proved that the accused, while riding the motorcycle in a rash and negligent manner, caused the accident.
