Auto driver acquitted, jaywalkers rapped
NEW DELHI: A trial court has acquitted an auto rickshaw driver of the charge of negligent driving and injuring two women pedestrians. The women were at fault, the judge ruled, for they were jaywalking, not using the zebra crossing.
“The defence of the accused appears to be probable that the complainants were at fault as they were not crossing the road from the zebra crossing,” the court said absolving autorickshaw driver Anil Kumar.
Metropolitan Magistrate Saumya Chauhan acquitted Kumar, an East Delhi resident, of offences under Sections 279 (rash driving), 337(endangering life) of IPC and Section 181 (driving without valid driving licence) of the Motor Vehicle Act. The court said the complainant and her companion, who allegedly got hit by the auto, had “made a bald statement” that the accused was driving in a rash and negligent manner. There was no evidence to substantiate their allegations.
“This is itself is not sufficient to prove the rashness and negligence on the part of the accused. The mechanical inspection report of the auto is silent about the speed of the vehicle. There’s no evidence to prove that the accused was driving the auto rickshaw in a rash and negligent manner,” the court said. It said there was no report from the authority concerned to verify that Anil Kumar did not have a valid driving license at the time of the accident. “The prosecution failed to prove beyond reasonable doubts that the injuries caused to the complainant and her companion were due to the rashness and negligence on his part,” the court said.
According to prosecution on October 24, 2006 around 8.15 pm at Rohtak Road, Anil was driving an auto rickshaw without a valid driving licence and in a rash and negligent manner when he hit the complainant and her companion as they were crossing the road.
It said that the women suffered injuries and were taken to hospital in a PCR van. During the trial, Anil admitted that the accident occurred but denied that he was driving rashly and said the two women were crossing the road carelessly.