Even though prosecution has everything right on paper, they do not have any device to establish speed of vehicle, magistrate said
The biker was booked for rash driving and endangering life under sections of the Indian Penal Code and the Motor Vehicles Act in 2016. Representation pic
The Bandra Metropolitan Magistrate has acquitted a 28-year-old man who was booked for speeding. The court observed that the police had not mentioned the speed limit on the Western Express Highway and had failed to prove how the driving of the accused could cause danger to another's life.
On March 19, 2016, as per orders by the then DCP (zone 8) a nakabandi was set up by the Kherwadi police station. At around 12.30 am, a biker speeding from Kherwadi bridge towards Andheri was asked to stop. The cops questioned him and took him to the police station, after which, the rider was booked for rash driving and endangering life under sections 279 and 336 of the Indian Penal Code and relevant sections of the Motor Vehicles Act.
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The trial
The trial was conducted at the 32nd Court of Metropolitan Magistrate, Bandra for five years, 11 months. During the trial, the complainant officer Sunil Dayre and investigating officer Chetan More deposed in court. But during cross-examination, the cops agreed that there were no indicators to show the speed limit. The officers also said that they didn’t have any device to measure the speed of the bike.
“The police had booked my 22-year-old client saying he was driving rashly and endangered the lives of others, but our argument was how did they establish that he was driving rashly, what was the speed of the vehicle. The cops did not have any speedometer nor were independent witnesses brought on record to substantiate the allegations,” said Advocate Vikram Singh, counsel for the accused. “My client and his family have suffered mental agony because of this case and it also affected his career,” he added.
The verdict
Metropolitan Magistrate Archana M Shah mentioned that, even though the prosecution has everything right on paper, they do not have any device to establish the speed of the vehicle to prove that he was driving ‘rashly’. The magistrate underlined that there was no substantial or trusted evidence against the accused and the cops failed to prove the chain of offence.
The acquitted youngster while requesting anonymity told mid-day, “I can’t recount my ordeal. Though I was not put in jail or faced inquiry, getting booked for such an offence can hamper one’s career. Rash driving is a very grey area and it can be applied to anyone. Once you get booked, you can’t do anything but fight the case, and by that time your name is already maligned. All I can request is for the police to book riders who actually drive rashly and get proof of it with speedometers.”
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