A sessions court has set aside the conviction of a truck driver by a trial court in a road accident case that left a pillion rider dead, holding that negligence was on part of the motorcyclist.
District Judge Ina Malhotra acquitted Basruddin, the truck driver, who was sentenced to one year rigorous imprisonment by the trial court under Section 304A (causing death due to negligence) of the IPC.
While setting aside the order of the trial court, the district judge said that the negligence and rash driving of the truck was "neither obvious nor proved".
"The prosecution in its eagerness to place the blame, is ever ready to put it on the shoulder of a vehicle which is bigger in size, oblivious to whose fault it may be. This results in injustice," the district judge said.
The sessions court was hearing an appeal filed by Basruddin, challenging the trial court's conviction and sentence order, contending that there was no negligence on his part and it was the motorcyclist who abruptly came in front of the truck.
Basruddin told the court that the incident took place in November 2006, when he had reached South Extension ring road and a motorcycle coming from the service lane suddenly joined the main road leading to the accident.
Due to the impact, both the persons on the bike fell down and the pillion rider died on the spot after being run over by the truck.
While allowing the appeal of the truck driver, the district judge said, "It was incumbent on the motorcyclist to be vigilant and cautious before joining the ring road where there is a consistent stream of vehicular traffic.
"It cannot be categorically opined that the accident occurred due to the rash and negligent driving of Basruddin. Our system also provides for convicting a person only if it is beyond reasonable doubt," the judge said while setting him free.
