Indian Penal Code, 1860 – Sections 279 and 337 – Motor Vehicles Act, 1989 – Section 196 – Rash and Negligent Driving – Acquittal set aside – Identification of Accused – Credibility of Witnesses – The present appeal challenges the judgment of the Chief Judicial Magistrate, Solan, acquitting the accused of offences under Sections 279 and 337 of IPC and Section 196 of the Motor Vehicles Act.
The prosecution’s case rested on proving the identity of the accused as the driver involved in a road accident. The witnesses’ testimonies, including those of eyewitnesses and the General Power of Attorney holder of the vehicle’s owner, established the accused’s presence and involvement in the accident.
The accused’s claim of innocence was countered by the failure to challenge key testimonies during cross-examination, as established by legal precedents. The court also found the accused negligent in driving, violating regulations that mandate maintaining a safe distance between vehicles. The medical examination of the accused further supported his presence at the accident site. Consequently, the appellate court overturned the trial court’s judgment, convicting the accused of the offences in question. (Para 39)
HIGH COURT OF HIMACHAL PRADESH
2023 STPL(Web) 334 HP
[2023 HHC 13313]
State Of H.P. Vs. Subhash Chand
Cr. Appeal No. 67 of 2011-Decided on 21-11-2023
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