Solitary testimony of witness about offending vehicle driven at high speed during relevant time, cannot be ground to convict accused for rash and negligent driving

It is true that, in cases related to rash and negligent driving, the passengers of the offending vehicle shall be the most competent witness to present the facts before the court. However, the Investigating Officer did not examine any of them. Other than the victim and prosecution witnesses there is no eye witness to the occurrence. Among them, one of the prosecution witnesses said that the offending vehicle was travelling at high speed. The distance between the house of prosecution witness and the place of occurrence, his exact position at the time of occurrence is not brought to the record.

Similarly, the distance between the shop where the prosecution witness was standing at the time of occurrence, his position and visibility of the PO from that place where the most essential facts which were required to be presented before the court to arrive at a correct decision concerning the guilt of the accused. It appears from the judgments of the courts below that they did not enquire into these essential facts. Merely because the witnesses have said that the offending vehicle was at high speed at the time of occurrence, the accused cannot be held guilty of an offence causing injuries due to rash and negligent driving.

Appearing counsel/s : Mr. D. Datta, Mr. S. Ghosh