No Offence Of Rash Driving If Pedestrian Was Hit While Not Using Zebra Crossing : Mumbai Court

Magistrate SS Parave acquitted biker Hemant Hatkar booked under Sections 279 (rash and negligent act), 304(A) (causing death by negligence) of the Indian Penal Code and for the offence punishable under Section 134(a)(b) of the Motor Vehicle Act.

The court observed that it appears the accident happened in the middle of the road, and there was nothing on record to show that the victim has used the zebra crossing.

"From the spot of incident at the distance of 35 feets towards Eastern side there was a footpath. From the spot of incident the road divider as at the distance of 15 feet. That it means the incident was took place in the middle of road when deceased Mudrika Kamble was trying to cross the road. It is question of common knowledge that pedestrians are not supposed to cross eastern express highway unless there is zebra crossing."

The Magistrate further said nothing could connect Hatkar to the act of ramming into Mudrika Kamble. The informant was not an eyewitness and came after the incident, the court said.

"In the circumstance, it is clear that prosecution has failed to establish that accused drove his motor vehicle on a public road in rash and negligent manner endangering human life or personal safety of others and thereby caused death of Mudrika Kamble and also failed to provide her medical assistance and to report the matter to the nearest police station."