A reckless act has to be understood in two different senses- subjective and objective. The accused had stated that he was not driving State v. Witness recorded the statement of mechanical inspector and obtained the photocopy of the document regarding the ownership of the car. I agree with the submissions of the Ld. In Prafulla Kumar Rout v.
An issue has been raised by the Ld. Driving a vehicle with its speedometer and handbrake out of order is a very serious risk sometimes as the speed of the vehicle would not be known to the driver, and consequently this section is attracted. The certified copy of the same is Ex. The accused came at a high speed and ran over a school-going minor girl, resulting in her death. If the person who meet with accident is ready to settle case.
Section 337 in The deals with causing hurt by act endangering life or personal safety of others. Can we put application to lok adult, Please elloborate! A rash act is primarily an over hasty act. I was driving my two wheeler nearer to the road seperator median. He asked the accused to produce his driving license and other documents. In view of the above discussion, the court is of the view that the prosecution has successfully proved its case. You may delete a document from your Alert Profile at any time. Date when judgment pronounced :25.
Your Alert Profile lists the documents that will be monitored. Injury to the person inside is punishable under Section 337. He admitted that the car was not present at the spot when he reached the spot at about 9. He deposed that no public person was present there. Thereafter, the accused fled away with his car. That the accused was the person who was driving the vehicle at the relevant time. This table includes natural hues like white and brown.
Thereafter, he visited the spot i. In addition, this document contains detailed appendices covering: solder attachments; plated-through via structures; insulation resistance; thermal considerations; environmental stresses; coefficient of thermal expansion; electrostatic discharge; solvents; testability; corrosion aerospace and high altitude concerns. On the other hand, Ld. If a government servant is convicted in a criminal case, the follow up action varies with rules framed by respective state governments. लोक मार्ग पर उतावलेपन से वाहन चलाना या हांकना-- जो कोई किसी लोक मार्ग पर ऐसे उतावलेपन या उपेक्षा से कोई वाहन चलाएगा या सवार होकर हांकेगा जिससे मानव जीवन संकटापन्न हो जाए या किसी अन्य व्यक्ति को उपहति या क्षति कारित होना सम्भाव्य हो, वह दोनों में से किसी भांति के कारावास से, जिसकी अवधि छह मास तक की हो सकेगी, या जुर्माने से, जो एक हजार रुपए तक का हो सकेगा, या दोनों से, दण्डित किया जाएगा। Rash driving or riding on a public way. The essential requirements of the section are needed to be proved. But he is punished, not for the effect produced, which he could not have expected, but for the manner of doing the act which was fraught with danger.
He deposed that as per records, the car no. In the case at hand, it has been admitted by the accused that he was driving the car no. He identified the accused in the Police Station. Please first with a verified email before subscribing to alerts. The three essential ingredients are as follows:- 1. Culpable negligence is acting without the consciousness that the illegal and mischievous effect will follow, but in circumstances which show that the actor has not exercised the caution incumbent upon him and if he had he would have had the consciousness.
I have filled the fine in rot as well. Since it could not be proved that the death of the moped rider was because of the injuries suffered by him in the accident, the driver was not held guilty under sections 304- A and 337 of the Code and under section 117 of the Motor Vehicles Act, 1939. You may delete a document from your Alert Profile at any time. This I got it from him even I phoned him to thank him for saving my life. Date when judgment reserved :Oral h.
Fine as a penalty is imposed only if there is a criminal prosecution. For, speed of the vehicle is not always determinative of the question whether vehicle was driven in a rash and negligent manner. The chances of getting punished in this case is very remote. The exact manner in which the vehicle was being driven by the accused is not mentioned. Unless the victim files a complaint against you cannot be held liable to pay the fine. No person shall use, except as a passenger, or cause or allow any other person to use, a motor vehicle in a public place, unless there is in force in relation to the use of the vehicle by that person or that other person, as the case may be, a policy of insurance complying with the requirements.
Keeping in view the circumstances of the case, the decision of Bombay High Court and the futility of purpose in proceeding with the trial of minor offence when the major offence has already been compounded by the victim, I am of the view that present case is a fit case for exercising power under Section 258 Cr. A rash act is opposite of a deliberate act. It is a breach of duty of a reasonable man. In order to prove the case against the accused, the prosecution has examined seven witnesses i. On the other hand, negligence involves not taking of proper care while doing something. Well, if you have paid the fine and the court has released you, there is nothing more to worry about it.