Srinagar Court Clears Driver in Decade-Old Death Case, Flags Probe Lapses
Driver acquitted in 2015 death case, court flags weak prosecution evidence
Srinagar, March 27, KNT: A Srinagar court has acquitted a driver accused in a 2015 fatal road accident, holding that the prosecution failed to prove rash and negligent driving and pointing to serious gaps in the investigation.
The ruling brings closure to a nearly decade-old case, with the court observing that the evidence presented was insufficient to establish criminal liability.
Third Additional Munsiff/JMIC Srinagar Varun Kumar, in his judgment, highlighted major inconsistencies in the prosecution’s version, particularly the absence of clear details on how the accident occurred.
The court noted that key aspects, including the direction of the vehicle, the manner of impact, and the position of the pedestrian, were not established through evidence.
It also flagged lack of supporting testimony, observing that no independent or medical witnesses were examined to corroborate the prosecution’s claims.
The case relates to an accident on August 30, 2015, at Sonwar Bagh, where a TATA Matador allegedly hit a pedestrian, resulting in fatal injuries.
The victim, Javed Ahmad Bhat of Rainawari, later died at SMHS Hospital, forming the basis of charges under culpable negligence provisions.
However, during trial, the prosecution relied on only two witnesses — neither of whom provided direct or conclusive evidence linking the accused to negligent driving.
One witness admitted he had not seen the incident, while the police witness, though claiming rash driving, failed to explain the sequence of events, the court noted.
Reiterating settled legal principles, the court said that an accident by itself does not establish criminal negligence unless supported by credible and specific evidence.
Finding that the prosecution failed to meet the required standard of proof, the court extended the benefit of doubt to the accused.
The driver, Imtiyaz Ahmad Peer, was acquitted and his bail bonds discharged.
The judgment also raises broader questions over the quality of investigation and prosecution in accident cases, where lack of evidence can weaken otherwise serious charges. [KNT]
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