Additional Sessions Judge (ASJ) Virender Kumar Goyal upheld the jail term handed out to Rohini resident Jai Prakash by a magisterial court for causing an accident in 1999 leading to the death of a toddler, saying the punishment was already on a lower side.
The ASJ passed the order, dismissing the appeal filed by tempo driver Jai Prakash challenging his conviction and sentence awarded by the magistrate and said that the trial court had already taken a lenient view.
"In my view, the trial court has already taken a lenient view and imposed sentence and fine on the lower side, which is not requiring any interference in the appeal, so order on sentence is also upheld.
"There is no ground to set aside or modify or further reduce the sentence, as awarded by trial court, in any manner. The order is upheld. Appellant/convict (Jai Prakash) be remanded to serve the sentence," ASJ Goyal said, upholding the fine of Rs 4,000 imposed on the convict.
According to the police, the accident took place in November 1999 in Badli village here when the speeding tempo driven by the accused hit the boy.
The incident occurred in the afternoon when the child was playing outside his house. Due to the impact, he fell down and was taken to nearby hospital by his parents. The boy was declared brought dead there by the doctors.
Jai Prakash approached the sessions court saying the prosecution has not been able to prove his identity as he was not arrested at the spot.
The court, however, gave credence to the testimony of an eye witness saying it was clear that he was driving the tempo in rash and negligent manner.
