A Mumbai district court acquitted a 31-year-old motorist who was accused of causing the death of a passenger in 2010.
Suraj Kumar Vaikunthanath Jaiswal was accused by the victim’s family of speeding up her death.
Magistrate AP Khanorkar of the 68th Metropolitan Magistrate Court in Borivali found that the victim’s daughter had admitted in her cross-examination that the road was uneven.
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“One fact becomes clear that the road on which the defendant drove the auto rickshaw was bumpy. Because of such a road, the driver cannot drive the vehicle smoothly. In addition, due to this road, an accident can occur through no fault of the driver, “said the magistrate.
On June 7, 2010, the victim Nasim Abib Baghdadi was out in the defendant’s auto rickshaw with her daughter and two grandchildren. The family was escorted to their relative’s home on Mira Road.
The victim’s family accused the driver of driving rashly, which led to the accident and death of the victim.
According to the victim’s daughter, the driver was driving at high speed and as soon as the car reached OP Lake in Aarey Colony, Goregaon East, he lost control of the vehicle and hit a cement post. Then the car with Baghdadi tipped under the vehicle.
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The family was seriously injured and the driver fled. They were taken to a hospital where the victim died the next day from his injuries.
After Baghdadi’s death, police charged the driver with negligent homicide. The defendant pleaded not guilty and went to court.
Baghdadi’s daughter told the district court that the driver drove prematurely and caused the car to tip over.
However, attorney Sandeep Patil, who appeared for the accused driver, argued, “The road is known to be bumpy. Because of this road, accidents can occur through no fault of the driver. Hence, it cannot be said that the prosecution has proven the defendant’s guilt beyond reasonable doubt. Therefore the accused should be acquitted. “
The court also found that although the prosecution stated that the driver was driving at high speed, this was not stated by the daughter in her testimony in front of the court.
“In view of this discussion, there are doubts about the case of the public prosecutor’s office that the accused drove the auto rickshaw rashly or negligently,” said the magistrate.
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