Mumbai: Twenty-seven years after a BEST bus driver rammed his bus into a man, causing his death, he has been exonerated by the Bombay High Court.
The court, while acquitting Shivaji Karne, noted that the prosecution has failed to prove that the accident was caused due to rash and negligent driving. It also said that no witness has stated that Karne was over-speeding or he broke the traffic signal. Moreover, Karne had himself rushed the victim to the hospital.
“There is no doubt that the incident has led to the death of a person but when there is no evidence relating to rash and negligent driving, the conviction of the applicant (Karne) is not justified and warranted,” Justice Milind Jadhav said recently.
On December 2, 1997, Karne was driving from Chira Bazaar to Crawford Market in south Mumbai when while taking a turn at a signal he dashed a man who was crossing the road. Karne and the bus conductor rushed the man to a nearby hospital where he was declared dead.
The prosecution claimed that Karne was driving the bus in a rash and negligent manner thus causing the accident.
The magistrate court, in 2001, convicted Karne on charges of rash driving and causing death by negligence and sentenced him to three months of simple imprisonment. He was taken in custody then and was released on bail after spending two months in jail.
The sessions court too upheld the convictions. Against which he approached the HC.
While setting aside his conviction, the HC said that the lower courts appear to have been “swayed away with emotion because of the demise of the injured”. “In the present case, the prosecution has failed to prove that there was criminal rashness and culpable negligence on the part of the applicant which would render him liable for punishment,” HC said.
At the time of the incident, Karne was 32 years old, and now he must be 58 years old. The HC has said that if Karne was suspended or dismissed from service owing to the conviction then he shall be reinstated in service with full back wages. In the event he has retired, then the BEST Undertaking shall disburse his retirement benefits to him, the court ordered.
