High Court upholds 1- year sentence to man over rash driving

High Court upholds 1- year sentence to man over rash driving
J&K High Court, SrinagarMubashir Khan/GK File

Srinagar: High Court of J&K and Ladakh has upheld imprisonment of one year awarded to a man besides the fine imposed on him for knocking down a minor girl here in 2001.

On August 20, 2013, the trial court had convicted one Showkat Ahmad Nadaf for offences under Section 279 (rash driving) and 304-A (causing death by negligence) of RPC and sentenced him cumulatively to imprisonment for a period of one year and imposed a fine of Rs 2000 on him.

In an appeal against the order, Nadaf had challenged the verdict before Principal Sessions Judge Srinagar. While the appeal was dismissed on August 10, 2018, he subsequently filed a revision petition before the High Court.

“The evidence on record shows that not only was the deceased knocked down by the vehicle driven by the petitioner/accused but she was run over by the vehicle, in as much as she came underneath the wheels of the vehicle,” bench of Justice Sanjay Dhar said while dismissing the revision petition.

The Court pointed out that the fact that the accused could not control and stop the vehicle after the deceased was hit by the vehicle and she came underneath the wheels of the vehicle clearly shows rashness on the part of the petitioner/accused. “ The circumstances established on record in this case speak for themselves,” it said.

The Court underscored that it had been established by the prosecution that the accused was driving the vehicle at the relevant time and the deceased was knocked down by the vehicle which resulted in fatal injuries to her.

The Court underlined the need for an extra caution and care to be taken when the pedestrian happens to be a child.

“The duty of care towards a pedestrian attains a higher degree when the pedestrian happens to be a child of tender age,” the court said, adding, “In the instant case, the deceased was only three years old child, therefore, duty of care imposed upon the petitioner/accused towards the child victim was all the more of a higher degree which the circumstances would clearly indicate, the petitioner/accused had failed to observe/discharge.” The court asked Nadaf to surrender by the 18th of this month.

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