New Delhi, Oct 12 A Delhi court has upheld the conviction of a man in a 2013 case involving a fatal road accident in Hauz Khas, saying driving at high speed, hitting a motorcyclist and a pedestrian, and mounting a footpath demonstrate a total disregard for the duty of care owed to other road users.
The court rejected the convict's appeal against his conviction and sentence, holding that the prosecution has proved his guilt beyond a reasonable doubt. It also cancelled his bail bonds and directed him to surrender before the trial court within 30 days to undergo the remaining part of the sentence.
Additional Sessions Judge Hargurvarinder Singh Jaggi passed the judgment in an appeal filed by Yatin Sharma, who was convicted under Indian Penal Code (IPC) sections 279 (rash driving), 337 (causing hurt by an act endangering life) and 304A (causing death by negligence).
In an order dated October 5, the court said, "The rejection of probation by the trial court is in complete harmony with the binding Supreme Court judgments, which mandate that custodial sentence in fatal road accidents is essential for public safety and legal deterrence."
"Granting probation in a case involving the loss of a human life due to high-speed vehicular negligence would send a wrong signal to society and erode deterrence," it added.
The case relates to an accident on August 8, 2013, when Sharma's car allegedly hit a motorcycle driven by Tarun Awasthi and subsequently, struck pedestrian Zakir Malik on Dalip Singh Marg in south Delhi's Hauz Khas area.
Malik sustained severe head injuries and died during treatment at the AIIMS Trauma Centre on August 17, 2013.
The court observed that the injured motorcyclist's testimony remained consistent and unshaken during cross-examination. It rejected the defence's contention that the motorcyclist had first hit the pedestrian and then collided with the car.
Rejecting the argument that the death could not be linked to the accident because Malik was discharged from the hospital before he died, the court relied on the medical evidence establishing that his head injuries and related complications had caused his death.
The court also rejected Sharma's plea for release on probation, observing that granting such relief in a case involving the loss of a human life due to high-speed vehicular negligence would send a wrong signal to the society and erode deterrence.
It noted that the trial court had already taken a lenient view by imposing three months' simple imprisonment for the offence of causing death by negligence, one month for causing hurt and 15 days for rash driving, with all sentences to run concurrently.
The trial court had also directed Sharma to pay Rs 1 lakh as compensation to the legal heirs of the deceased.
The appellate court held that the conviction and sentence suffered from no illegality or procedural infirmity and directed Sharma to surrender within 30 days, failing which the trial court could take coercive steps to execute the sentence.
