2012 Calvim accident bus driver acquitted

PANAJI: In a 10-year-old tragic accident case, in which a bus plunged into Calvim river, Aldona, killing four school children and two adults, a local court has acquitted the bus driver charged for culpable homicide not amounting to murder.
Additional sessions judge north Goa Edgar Fernandes acquitted the accused as the prosecution failed to prove the case. Fernandes observed that "the evidence on record suggests that the incident occurred due to a sudden brake failure".
The prosecution alleged that the accused, Rajesh Naik, drove the bus despite knowing that the handbrake of the bus was not functioning and that the front tyres were worn out. When he was proceeding to Carona ferry jetty, the bus plunged into the river and six passengers drowned.
The accident had occurred on February 18, 2012.
The court, while acquitting the accused, stated that executive magistrate Mihir Vardan did not follow the basic requirements of Section 164 CrPC while recording the statement of the accused.
During cross examination, PI Rajesh Job has given evidence that there is no statement of any witness recorded by him which stated that the accused had shifted the bus to the neutral gear while coming down the sloping road, the court said.
Referring to the evidence of three other witnesses, the court said that it proves that the accused had stopped the bus near a shop, which is next to Shabis Garage at Carona, Aldona, where the conductor of the bus got down to pick up some water.
The court accepted the defence argument that the accused had stopped the bus at the shop, on a slope. This proves that the brakes of the bus were working at that time and that the accused could not have picked up speed within a distance of 50m, the defence stated. The distance from the place where conductor got down to get water is approximately 50m from the ferry ramp. One of the witnesses deposed that when the accused took the bus on the ramp for the purpose of reversing the vehicle and turning it back, the brakes of the bus failed, though the accused was pressing the brake pedal time and again.