Rash driving: Court upholds 15-month jail term to man

A 15-month jail term to a man, who was convicted for causing death of a person by negligently driving his vehicle in 2003, has been upheld by a Delhi court which also rejected his plea that he be released on probation while compensation to the victim's family may be enhanced.
District and Sessions Judge Ravinder Kaur dismissed the appeal of truck driver Suresh, a Haryana resident, against a magisterial court's order holding him guilty of rash and negligent driving leading to the death of Akhilesh, 30, whose car was hit by the truck near Dwarka here in 2003.
"On account of rash and negligent driving of appellant (Suresh), the life of a young boy aged 30 years was lost and no amount can compensate this loss suffered by his family members," the judge said.

The court also upheld the compensation of Rs one lakh which Suresh was directed to pay to the family members of the victim.
On April 15, 2014, the magisterial court had sent Suresh to 15 months in jail for offences under sections 279 (rash driving) and 304-A (causing death by negligence) of the IPC and had directed him to pay a compensation of Rs one lakh to the family of the victim.
Suresh had appealed against his conviction and sentence contending that the prosecution had failed to prove on record that he was driving the offending vehicle at the time of accident or that he was driving the vehicle in a rash and negligent manner.

The court, however, rejected his contentions while relying on the testimonies of eye witnesses of the accident and noted that none of the prosecution witnesses were cross-examined.

It also relied on the mechanical inspection reports of the vehicles and post mortem report of the victim which proved the accident.
"In such circumstances, the contention of the counsel for the appellant/accused is of no consequence," it said.
The court also rejected Suresh's prayer that if not acquitted of the charge, he be released on probation of good conduct and the compensation awarded by the trial court be enhanced.
According to prosecution, on the night of May 4, 2003, Suresh was driving a truck in rash and negligent manner and hit against a stationary Indica car in which victim Akhilesh was sitting.

The truck dragged the car to a distance and due to the impact Akhilesh, who was going to attend a wedding, died.