The court, however, decreased the quantum of the sentence, stating that the victim was also negligent and was not wearing a helmet
Expressing concern about the rising number of road accidents in the city, a Delhi court has refused to release on probation a man convicted for rash driving. The court, however, decreased the quantum of the sentence, stating that the victim was also negligent and was not wearing a helmet.
Convict Gurbax Singh, a taxi driver, had challenged his sentence of two years, given for hitting a scooter from behind. The scooter rider, Sushil Chand Bhardwaj, had died in the accident, which took place on June 1, 2009, near the Karkardooma Court red light. Singh's car hit Bhardwaj's two wheeler, injuring him severely. Bhardwaj later succumbed to his wounds.
As per the modified order, Singh was sentenced to one-year imprisonment and the fine imposed was also decreased to Rs 50,000. Singh had been convicted under Sections 279 (rash and negligent driving) and 304A (death due to negligence) of the Indian Penal Code (IPC).
The counsel appearing for Singh contended that there was nothing on record to suggest that the vehicle was being driven in a rash or negligent manner.
While delivering the order, the court observed that the trial court did not call for the Probation Officer's report or the Victim Impact Report. Even after the perusal of both reports, however, Additional Sessions Judge Sanjeev Kumar Malhotra did not grant probation to the convict.
"Keeping in view the rising trend in accidents and the fact that the appellant had hit the scooter driven by the deceased from behind, I am not inclined to grant benefit of probation to the appellant," the judge said in the order.
The court, however, modified the Metropolitan Magistrate's order and reduced the sentence to one year, keeping in view the fact that "there is no evidence that the deceased was wearing helmet at the time of the incident".
REDUCED SENTENCE
- The court has modified the Metropolitan Magistrate’s order and reduced the sentence to one year, keeping in view that “there is no evidence that the deceased was wearing helmet at the time of the incident”
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