Mandi (HP) June 29 An additional sessions court on Monday acquitted Naresh Kumar, who was accused of crashing car into two vehicles, including one carrying a former MLA of Sundernagar, under the influence of alcohol.
Additional Sessions Judge Hoshiyar Singh Verma allowed a criminal appeal and set aside Kumar’s sentence, citing lack of evidence.
The incident took place on May 31, 2016, around 10.45 pm, when a car allegedly driven by Kumar rammed into two cars at Kangoo near Sundernagar.
Former MLA Sohan Lal Thakur was said to be travelling in one of those vehicles, along with his driver, Dharmender, and police security officer Parkash Chand.
On October 15, 2023, the Court of Chief Judicial Magistrate sentenced Kumar to six months' imprisonment and fined Rs 1,000 for offences under sections 279 (rash driving) and 337 (causing hurt due to negligent act) of the erstwhile Indian Penal Code.
He was also fined another Rs 1,000 under section 184 (dangerous driving) of the Motor Vehicles Act in default of payment of the fine.
The additional sessions court held that the police deliberately withheld evidence during the trial.
The court noted that the prosecution failed to identify Kumar as the sole driver of the vehicle, because it was revealed that three other persons were also in the car and it could not be conclusively proved who was behind the wheel at the time of the accident.
The court also observed that the police, during investigation, did not specify who was travelling in the car carrying the former MLA, nor was Thakur examined as a witness.
After hearing the appeal, the court was of the view that the lower court did not appreciate the evidence, and decided that the conviction was not sustainable in the eyes of law, thereby acquitting Kumar.
