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DND accident case: Delhi court sets driver free of charge

Team SoOLEGAL 30 Mar 2018 1:33pm

DND accident case: Delhi court sets driver free of charge

New Delhi : A Delhi court acquitted the driver of the vehicle which was involved in fatal accident at the DND flyway in 2014.The said person was crossing the road and died after being hit by a Scorpio.

The accident happened close to a divider on the Express way.The victim was with a colleague and they stopped their vehicle to relieve themselves. When the victim after relieving himself was crossing the flyway to get to the vehicle, he was hit by a running Scorpio car.He was hit and received serious injuries which resulted in his death.

Metropolitan Magistrate(MM) in a order given in 2017 gave one year jail term to driver of the vehicle as the driver was held guilty by the court.However this was appealed against by the driver and the appeal was upheld by the court.The court acquitted the driver of the charges and quashed the verdict given by MM.The court said the victim was negligent as he was walking on the road which is pedestrian free.

Though the prosecution brought two eye-witnesses to prove the case, the victim’s colleague and the manager of the company where the victim worked, the court rejected their evidence saying that they were not reliable.

“The DND road is a busy road that connects Delhi to Noida. The deceased was crossing the road. The DND flyover is a pedestrian-free zone. The cross-examination of PW1 (driver of the vehicle in which the victim was travelling) shows that the deceased suddenly ran towards him from the other side of the road without seeing the traffic. The deceased was negligent while crossing the road,” said Additional Sessions Judge S. K. Gupta.

“The criminality is not to be presumed merely on the basis of accident. The deceased crossed the road without taking care of the traffic on the road. In such circumstances, it is not possible to save the accident even if vehicle is in low speed. The appellant cannot be said to be negligent,” the Judge stated.




Tagged: DND   MM   Delhi Court  
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