HC sets aside BEST driver’s conviction 27 yrs after fatal accident

Mumbai: More than a quarter century after a pedestrian died when a BEST double-decker bus hit him while turning onto the Crawford Market traffic signal, Bombay high court (HC) acquitted the driver, finding no evidence of his rash or negligent driving. HC set aside his conviction and sentence of 3 months simple imprisonment and a Rs 1,000 fine, stating that the man attempting to cross the road when the bus was taking a turn could be "termed as a step towards contributory negligence".
The bus driver, Shivaji Karne, approached HC in 2002 after a trial court convicted him 24 years ago. Justice Milind Jadhav said a spot panchanama corroborated the driver's case of not over-speeding or driving negligently. Significantly, HC noted that the constable who lodged the FIR never deposed that the driver drove rashly. What was "glaring", said HC, was how the trial courts never considered the contributory negligence aspects. The trial court conclusions appeared to be "totally contrary to law", said HC, and held the prosecution failed to prove its case.
The driver was arrested and released on bail in 2003.
The sessions court had, in 2002, upheld a 2001 guilty verdict of Esplanade Court against him. Karne petitioned HC questioning correctness of the conviction.
In 2019, HC directed the legal aid panel to appoint a lawyer for him. It appointed advocate Chitrali Deshmukh. The prosecutor, Chandrakant Mali, said the case briefly was that on Dec 2, 1997, at 6.45 pm, a BEST bus driven by Karne on route 66 was on its way from Chira Bazaar to Crawford Market. As he took a left turn, the bus hit the man, who fell down unconscious. Karne took him to GT Hospital with the help of the conductor and a constable. The pedestrian was declared dead.