The sessions court order came on the plea of the tempo driver who was held guilty by a magisterial court of causing death by driving in a rash and negligent manner near Mehrauli in 2002. "Consequently, there is not even an iota of evidence to prove that appellant­convict was driving his vehicle in rash or negligent manner," Special Judge Vrinda Kumari said. The court also noted that one of the victims onboard the tempo had also corroborated the version of the driver that he lost control due to tyre burst. In absence of any evidence to the contrary, element of culpable rashness or negligence cannot be presumed by resorting to conjectures and surmises. The magisterial court had held him guilty of offences under sections 304A (causing death by negligence) and 279 (rash driving) of the IPC while observing that he endangered human life and safety of others.

Source: India Today October 06, 2017 11:03 UTC