An auto rickshaw driver has been let off the charge of negligent driving and injuring two women pedestrians by a Delhi court, which held that they themselves were at fault by not crossing the road through zebra crossing.
Metropolitan Magistrate Saumya Chauhan absolved Anil 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 Motor Vehicle Act.
"The defence of the accused appears to be probable that the complainant themselves were at fault as they were not crossing the road from the zebra crossing," the court said.
It said the complainant and her companion, who allegedly got hit by the auto, "made bald statement" that the accused was driving in a rash and negligent manner.
"This is itself is not sufficient to prove the rashness and negligence on part of the accused. The mechanical inspection report of the auto is also silent about the speed of the vehicle. There is no evidence to prove that the accused was driving the auto rickshaw in a rash and negligent manner," the court said.
It also said that there was no report from the concerned authority to verify that Anil 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 and prosecution has also failed to prove that he did not have a valid driving license on the date of accident," the court said while acquitting him.
According to prosecution on October 24, 2006 at about 8.15 PM at Rohtak Road here 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 a nearby hospital by 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.
