New Delhi: A DTC bus driver has been acquitted in a case of causing death of a person by rash driving as a Delhi court refused to rely on testimonies of police officials, saying they cannot be treated as eyewitnesses.
Metropolitan Magistrate Ashok Kumar absolved bus driver Jagat Ram of the charge of rash driving and causing death by negligence.
"The fact that there is no eyewitness of the accident cited or examined by prosecution, and the ones examined in the case are the police officials who reached at the spot after happening of the accident and have deposed the facts disclosed to them by public gathered there, they cannot be treated as eyewitnesses of the case being hearsay evidence.
"Therefore, since there is no eyewitness in the present case either cited or examined by prosecution, there is no purpose of continuing the trial" the court said while acquitting him.
It said that no evidence was collected during the probe to establish rashness or negligence on part of the accused and "he stands acquitted" for the allegation levelled in the case.
According to prosecution, on September 7, 2012 the accused driver was allegedly driving in a rash and negligent manner so as to endanger human life and personal safety of others and while driving, he hit an unknown person and caused his death.
The FIR was registered by a head constable, who said he received the information about the accident and went to the spot where accused driver was handed over to him by a PCR van.
When he reached the spot, he saw a body lying on the road and the bus was parked at a distance of 50 meters from it, it said.
The driver was booked under sections 279(rash driving) and 304A (causing death by negligence) of IPC.
During the trial, the driver had denied the allegations and contended there were no eyewitness to the accident and testimonies of police officials was hearsay and "inadmissible in law".
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