A truck driver has been convicted by a Delhi court for causing death of a man and injuring his daughter by his rash and negligent driving in 2006.
Metropolitan Magistrate Anu Aggarwal held truck driver Chain Sukh Yadav, a Rajasthan native, guilty of offences of rash driving and causing death due to negligence under the IPC.
"The prosecution has been able to prove beyond all reasonable doubts that the accident was caused by the accused, while he was driving the offending truck in a rash and negligent manner and due to the accident, the child got simple injury and her father expired," the magistrate said while relying on the "unrebutted" testimony of the wife of the victim.
The court said the testimony of complainant Lata Bhandari, whose husband and child were victims of the accident, was "fully convincing and there were no material discrepancies in her statement".
It also noted that the accident took place in 2006 and Lata was cross examined seven years later in 2013 and hence minor discrepancies were possible.
"The purpose of cross examination is not to test the memory of the complainant. Some minor discrepancies are possible, however, the testimony of the witness is fully accepted, if it remains unimpeached and there seems to be no reason to disbelieve her testimony," it said.
According to the prosecution, on August 1, 2006, Lata was going on a scooter with her husband Vinod and two daughters and when they reached near Savitri Cinema flyover at night, a truck hit them from behind and they all fell down on the road.
Lata, an eyewitness, said a wheel of the truck crushed the head of her husband and injured one of her daughters.
During the proceedings, the driver of the bus denied the allegations and claimed he was falsely implicated.
