Islamabad (Anantnag), July 29: Chief Judicial Magistrate (CJM) here has convicted a Beacon driver for rash and negligent driving which had resulted in death of a school- going boy in 2003. The driver has been awarded one year imprisonment.
 A Beacon vehicle run by Sukh Nagar Sai of Gumula Bihar (working at 99 RCC GREF Khanabal) had on 28 May 2003 hit to death the school going child Navada Bashir son of Bashir Ahmad of Shangus near Kendriya Vidhaliya School, Brakpora.
 Pronouncing the judgment, the CJM Islamabad Muhammad Amin Mir held the accused guilty of the offences for which he was charged.
 “The Court has found the accused guilty for negligent and rash driving under section 279 and 304-A of RPC and is hence convicted with a simple imprisonment of one year and a fine of Rs 1000,” the judgment reads.
 It states that in case of default of payment, the accused shall undergo a simple imprisonment of one month.
 Earlier arguing the case, the counsel of the accused submitted that that there were contradictions in the statements of witnesses.
 “The plying of the vehicle at high speed can only be measured by an expert and even if the accused was plying it at high speed it is no ground for the conviction as the intention in the case is not attributed to the accused to cause death of a school going child. Hence, the accused should be given benefit of doubt,” the counsel argued.
 However, the prosecution maintained that all the ingredients of the charges were proved in the case and hence entails conviction of the accused.
 “The court while appreciating the evidences has to see quality of evidences and not quantity which clearly establishes the guilt of the accused,” Special Prosecuting Officer (SPO), Syed Mushtaq Ahmad, representing the prosecution, submitted.
 Later arguing on the quantum of punishment the counsel pleaded for lesser punishment to the accused.
 “The court while laying conviction has to take into account dependency, antecedents and maintenance of good behavior of the accused,” the counsel submitted. However, the SPO maintained that the accused deserved no leniency.

Lastupdate on : Sun, 29 Jul 2012 21:30:00 Makkah time
Lastupdate on : Sun, 29 Jul 2012 18:30:00 GMT
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