Panchkula court acquits man in fatal scooter accident case

A Panchkula court has acquitted Raj Kumar, a Sector 20 resident, in a fatal road accident case from November 2021, citing gaps in the investigation and prosecution evidence. The court of additional chief judicial magistrate held that the evidence was too scanty to fix criminal liability on him under Sections 279 and 304-A of the Indian Penal Code.

The prosecution had alleged that Kumar was driving an Activa scooter that hit cook Jiya Lal from behind near Society No. 105, Sector 20, on November 18, 2021. The victim died of injuries at PGIMER in Chandigarh. The court noted that the deceased's wife and children, key witnesses, had not witnessed the accident and failed to identify Kumar. The judgment stressed that a driver cannot be presumed rash merely because an accident occurred, negligence must be proved with specific evidence.

The court also flagged lapses in the police investigation: Kumar was not arrested at the spot, no test identification parade was conducted, and no independent public witness was examined. Hindustan Times reported that the court observed that identifying the accused for the first time before court is no identification in the eyes of law.