A Delhi court has upheld the conviction of a 65-year-old retired DTC driver in an accident death case. It, however, reduced his sentence from six months of rigorous imprisonment (RI) to five months, keeping in view his old age.
The driver had appealed against a Metropolitan Magistrate court judgement that had convicted him and awarded the six-month sentence. The prosecution had contended that the driver had hit a 22-year-old scooterist from behind and ran him over in 2000.
The subordinate court had convicted the driver on the basis of an eyewitness account — a shopkeeper who had seen the driver hit the two-wheeler.
The counsel for the driver argued that there were material contradictions in the testimonies of the prosecution witnesses. He also alleged that the eyewitness was planted. The counsel said that the statement of the eyewitness was recorded at the police station after 9 p.m., while the investigating officer deposed that he recorded his statement in the hospital at 7 p.m.
Dismissing the appeal, Additional Sessions Judge Sanjeev Aggarwal said: “From the testimonies of the eyewitness and from the statement of an erstwhile DTC employee, it has been established that the accused was driving the vehicle [bus] in a rash and negligent manner and there is no illegality or infirmity in the impugned judgment.”
“Considering the fact that the trial court has already sentenced him for a period of two months RI under Section 279 [rash driving] of the IPC and six months RI along with fine of ₹5,000 under Section 304-A [causing death by rash or negligent act] of the IPC [to be served concurrently], the same appears to be just and adequate in the facts and circumstances of the present case,” the Judge said
“However, taking into account the fact that the appellant/convict has already faced trial for 19 years and he is stated to be around 65 years old at present, the sentence under Section 304-A of the IPC is reduced to five months RI instead of six,” the Judge stated.