Killing someone on a road accident has become a child’s play nowadays and most of the time accused gets acquitted very easily by the court of law or gets the shorter jail term. Here, in this case, a Rickshaw Driver Mahabubli Mulla who supposedly drove his Rickshaw in a rash and negligent manner causing a serious accident and resulting in the death of a Police Constable. The lower court convicted him with a jail term of sixty days.
The Rickshaw driver appealed into the high court against the order of the lower court but the order was upheld by the Bombay high court. According to the Report, The high court of Bombay at Goa has upheld the jail term of 60 days imposed by a lower court in a case of rash and negligent driving against a rickshaw driver who caused the death of a police constable in 2014.
What is the case and What Exactly happened that day?
According to the reports, the convicted Rickshaw Driver Mahabubli Mulla was driving his Rikshaw back from Old Goa to Panaji on 20th November 2014 and it is alleged that Mulla was driving his Rickshaw in a Rash and Negligent manner and while overtaking another vehicle he crossed the divider to the opposite lane.
The victim who was proceeding towards the Old Goa from Panaji on his two-wheeler was hit by the Rickshaw driven by Mulla thus causing grievous injuries that resulted in his death. “Police constable Gaurish Tukaram Gaonkar, who was riding the two-wheeler suffered serious injuries and died on his way to GMC,” stated the report.
Back to Present Day
The lawyer hired by the accused Mulla Argued in the high court saying that the deceased was a policeman and that he was driving rashly and made a claim that police personnel had done a dishonest investigation and falsely implicated his client. “There were no pieces of evidence that his client Mulla was driving rashly,” said Rajneesh Naik, advocate for the petitioner, Mulla.
Meanwhile, Justice Prithviraj K Chavan upholds the ruling of the lower court saying that “In the case of the applicant, there was no mechanical defect or failure of brakes due to which he lost control. There is absolutely no whisper in the statement of the applicant that the accident took place due to the negligence of the victim. It cannot be said to be a case of contributory negligence and, therefore, there is no question of giving any benefit of the doubt to the applicant. The sketch appended to the spot panchanama also gives an idea as to how the accident must have occurred,” justice Prithviraj K Chavan observed.
“The JMFC, as well as the lower appellate court, have correctly and properly appreciated the facts, evidence, and circumstances on record to reach a proper and correct conclusion that the applicant drove his rickshaw to the extreme right by crossing the middle lane, resulting in a violent crash into the victim, the court said.
The Say of Goa Prism on this Matter
Hundreds of accidents take place on a daily basis in the state of Goa and a couple of them culminates into Serious accidents. In most of the cases driving in a rash and negligent manner, not following the traffic rules and not wearing helmets results in a fatality. The accused get the benefits of doubt most of the time. There are hard cases that you can count on fingers that might have reached to its conclusion with the accused getting convicted as most of the cases either get dismissed or accused gets evicted. Perpetrators do not have fear of law and they continue to move the killing machine on the roads. Unless until the law is made strict in road accident cases the accidents will continue and the accused will go scot-free with benefits of doubt.