Excelsior Correspondent
Srinagar, Oct 7: A local court today acquitted a person from the charges of offences under Section 304A (causing death by negligence) and Section 279 (rash driving) as prosecution failed to prove the case.
The court of Sessions Judge Srinagar presided by S R Gandhi while setting aside the conviction order of accused, Fayaz Ahmad Parra, passed by Judicial Magistrate Srinagar acquitted him of the charges.
The accused was convicted by the court of Judicial Magistrate Srinagar in 2014 in a case of rash and negligent driving which caused the death of a woman and minor child in the year 2000 in outskirts of City.
Parra challenged his conviction before the Sessions court and his counsel Sajad Ahmad Sofi argued that trial court has failed to appreciate the statements of prosecution witnesses which resulted in the miscarriage of justice.
Parra submitted before the court that the identity of the accused being the driver of the vehicle is not established by the prosecution beyond all reasonable doubts but trial court committed illegality by convicting the accused.
Referring the judgment of Rajasthan court where in it is held that speed cannot be sole factor for determining negligent driving unless proved by cogent evidence that vehicle was being driven rashly and negligently, the cout said.
“For there reasons the impugned judgment is not sustainable inasmuch as the evidence adduced by the prosecution has not proved the charges against the appellant beyond all reasonable doubts”, court held while appreciating the arguments of advocate Sofi and observed that the appellant ought to have been given the benefit of doubt by the trial court.
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