Additional Sessions Judge (ASJ) Savita Rao let off north Delhi resident Kishan Kumar on his appeal challenging the order of the magisterial court which had held him guilty of causing the death of a man by driving in a rash and negligent manner.
"It cannot be concluded that the accident had occurred because of the rashness and negligence on the part of accused. In absence of any proof of rashness or negligence on the part of Kumar while driving the vehicle, he is acquitted of the offence," the ASJ said.
The magisterial court had held the accused guilty of killing the pedestrian by driving in a rash manner. It had said that Kumar had killed the pedestrian by driving at an uncontrollable speed and had ignored his obligation to drive the bus at slow speed in a busy market area.
According to the prosecution, on the night of March 17, 2001, Kumar had driven a blue line bus at a high speed and had hit the victim, crushing him under the rear wheels of the vehicle at Kisan Ganj Market area in north Delhi.
It had alleged that the accident had been witnessed by two police officials present at a nearby police picket, who had apprehended the accused and had taken him into custody.
