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20 years after accident, Delhi man convicted for rash driving

New Delhi: A court here has convicted a man of rash driving and causing serious injuries to a person in an accident two decades ago. It was hearing a case against Nawal Kishore, who was accused of driving a tractor rashly and hitting Hira Nand Sharma on the Old Pankha Road in southwest Delhi on March 2, 2002. Sharma succumbed to injuries 12 days later at a hospital, the prosecution said.

This court is of the opinion that the prosecution has proved its case that the accused was driving the tractor rashly and negligently at the time of the accident and while doing so he had caused grievous injuries to the victim, Metropolitan Magistrate Deeksha Sethi said in a recent order.

The accused is, therefore, held guilty for the offences and convicted accordingly, the judge said.

The judge convicted Kishore for offences under Indian Penal Code sections 279 (rash driving on a public way) and 338 (causing grievous hurt by act endangering life or personal safety of others).

The court, however, said there was nothing on record to suggest that the victim died due to injuries in the accident, but it was proved that he suffered grievous injuries in the accident.

It has posted the matter for filing relevant affidavits and thereafter, arguments on sentencing on December 22.

The court said the non-joining of public witnesses was not fatal to the prosecution’s case as the testimony of the deceased’s son, who was an eyewitness, was consistent and there were no inconsistencies or contradictions in his statement.

It noted that the testimony of the single eyewitness was wholly reliable and said the conviction can be based on his sole testimony. According to the prosecution, Kishore had fled from the spot after seeing that Sharma had suffered serious injuries.

The Uttam Nagar police station had registered an FIR against Kishore under the relevant provisions of the penal code.