High speed driving not always rash or negligent: Delhi HC acquits man in accident case that led death of two

The Delhi high court has ruled that driving a vehicle at high speed does not necessarily amount to rash and negligent driving. The judgment came while acquitting a man convicted in a 2012 accident case that resulted in the death of two pedestrians, a TOI report stated.

The petitioner, a car cleaner, was sentenced to 18 months in jail in 2022 after he lost control of a vehicle he had taken out for a drive. He claimed a sudden tyre burst caused the accident. Hearing his appeal, Justice Saurabh Banerjee stated that merely driving at a "high speed" does not prove the driver was "rash and negligent."

Prosecution failed to prove negligence

The court examined witness testimonies and found that while all witnesses stated the car was moving at high speed, none could confirm it was being driven negligently. Justice Banerjee observed, "Prosecution was not able to prove its case beyond reasonable doubt that the petitioner was indeed driving the car in a 'rash and negligent' manner, which resulted in the demise of the two pedestrians."

Circumstantial evidence not considered

The court pointed out that crucial aspects such as the time of the accident, the vehicle’s condition, and the possibility of a tyre burst had not been addressed by the prosecution or the trial court. The judge explained that for a conviction, it must be proven that the act leading to death or injury was both "rash" and "negligent."

Lack of evidence leads to acquittal

Reviewing the statements of four witnesses, the high court noted that though they mentioned high speed, "neither of them" stated that the petitioner drove in a "rash and negligent" manner. "This court, thus, does not find any evidence on record that reflects that the petitioner was indeed driving the car in a 'rash and negligent' manner," Justice Banerjee ruled while acquitting the petitioner.