Aurangabad bench of the Bombay high court
Chhatrapati Sambhajinagar : Merely driving at high speed does not, by itself, amount to rash and negligent driving unless supported by sufficient and cogent evidence, the Aurangabad bench of the Bombay high court has observed while acquitting Sunil Mohan Sanap in a fatal road accident case dating back to 2012. The court acquitted him of charges under sections 279 (rash driving) and 304-A (causing death by negligence) of the Indian Penal Code. The case arose from a motor accident on Feb 5, 2012, in which a motorcyclist died.
“The witness’s deposition had also brought out the presence of a speed breaker near the accident spot,” Rajebhosale submitted. Justice Sushil M Ghodsawer allowed Sanap’s criminal revision application and set aside his conviction by the judicial magistrate first class court in Ashti, along with a subsequent Beed sessions court order upholding the conviction. Following the accident, Sanap was prosecuted and subsequently convicted by the magistrate’s court in Ashti. The court held him guilty and imposed a sentence under the relevant provisions of the IPC. He pointed out that the eyewitness had stated only that the vehicle was being driven at high speed. The court reiterated that the eyewitness’s statement about high speed alone was insufficient to establish criminal liability for the accident. The court accordingly allowed the criminal revision application and set aside the orders passed by the previous two courts.