Tempo driver's jail term quashed

A Delhi court has set aside the two-year rigorous jail term awarded to man who had rammed a tempo into a divider leaving one person dead and three injured, saying it was "a sheer accident" due to tyre burst and there was no evidence to prove that he was driving rashly.
The sessions court order came on the plea of the tempo driver who was held guilty by a magisterial court of causing death by driving in a rash and negligent manner near Mehrauli in 2002.
While acquitting Ganga Prasad, a Delhi resident, the court relied on his contention that his tempo's front tyre had burst due to which he lost control of the vehicle and hit a divider.

"Consequently,thereisnotevenaniotaofevidenceto prove that appellantconvict was driving his vehicle in rash or negligentmanner," Special Judge Vrinda Kumari said.
The court also noted that one of the victims onboard the tempo had also corroborated the version of the driver that he lost control due to tyre burst.
While setting aside the magisterial court's order, the sessions court said it was convinced that the prosecution has failed to establish any culpable rashness and negligent act on the part of the driver.
"Rather, it emanates from the record that it was a sheer accident. In absence of any evidence to the contrary, element of culpable rashness or negligence cannot be presumed by resorting to conjectures and surmises. Appellantconvict is granted benefit of doubt. He is acquitted," the judge said.

The magisterial court had held him guilty of offences under sections 304A (causing death by negligence) and 279 (rash driving) of the IPC while observing that he endangered human life and safety of others.