Deciding Authority: Supreme Court
The Appellant was accused under Section 279 and 304-A of the Indian Penal Code and Sections 187 and 196 of the Motor Vehicles Act, 1988.
Briefly, the facts of the case are:
The accident happened on February 11, 2004 where the appellant was the driver of the truck with a trailer.The vehicle hit against a scooty and resultantly a two year old child travelling in the scooty fell down. The tractor ran over the child and she succumbed to the injury.
Judgment by Trial Court:
The trial court acquitted the accused due to paucity of sufficient grounds and evidence.There was a doubt on the accused being the driver or not at the relevant point which could not be proved otherwise by the prosecution
Judgment by High Court:
The high court reversed the judgment of trial court and gave simple imprisonment of 6 months along with a fine of Rs 2000.
Judgement of Supreme Court:
The High Court in the impugned Judgment does not seem to have taken a view that the judgment of the trial court acquitting the accused is based on no material or it is perverse or the view by the trial court is wholly unreasonable or it is not a plausible view or there is non- consideration of any evidence or there is palpable misreading of evidence, etc. It is not the stand of the High Court that there had been some miscarriage of justice in the way the trial court has appreciated the evidence. On the contrary, it is the only stand of the High Court that on the available evidence, another view is also reasonably possible in the sense that the appellant-accused could have been convicted. In such circumstances, the High Court was not justified in reversing the acquittal. The High Court itself having acquitted the appellant under Section 187 of the MV Act on the ground of no evidence, whether it was possible, to hold him guilty underSections 279 and 304A of IPC, is itself a seriously doubtful question. However, it is not necessary to pronounce on that issue since the appellant is liable to succeed otherwise. The appeal was thus allowed.