STATE (NCT OF DELHI) vs NARAIN

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 08.12.2025 Pronounced on : 11.12.2025 Uploaded on : 11.12.2025 + CRL.A. 896/2018 STATE (NCT OF DELHI) .....Appellant Through: Ms. Shubhi Gupta, APP for State with SI Jeetendra Kumar, PS Jahangir Puri versus NARAIN .....Respondent Through: Mr. Harsh Prabhakar (DHCLSC), Mr. Dhruv Chaudhary, Advocates CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT 1. The present appeal has been preferred by the appellant/State under Section 378 Cr.P.C., seeking setting aside of the impugned judgment dated 26.03.2015 passed by the learned MM-03, North District, Rohini Courts, Delhi, in proceedings arising out of FIR No. 78/2002 registered under Sections 279/304A IPC at P.S. Jahangir Puri, whereby the respondent was acquitted of all charges. Notably, the leave to appeal was granted vide order dated 27.08.2018. 2. The case of the prosecution, briefly stated, is that on 10.02.2002 at about 02:15 p.m., the respondent herein was driving a bus bearing registration no. DL-1P-8452 at Jahangir Puri main road near D-Block BJRM Signature Not Verified Digitally Signed By:PREM CRL.A. 896/2018 Page 1 of 6 MOHAN CHOUDHARY Signing Date:11.12.2025 21:59:30 Hospital without a valid driving license, in a rash and negligent manner. While doing so, he caused the death of one Shankar, not amounting to culpable homicide, and thus committed the offences punishable under Sections 279/304A IPC read with Sections 3/181 Motor Vehicles Act. Charges under the aforesaid Sections were framed against the respondent, to which he pleaded not guilty and claimed trial. 3. The prosecution examined 12 witnesses in support of its case. PW- 1/Naresh Kumar and PW-3/Dinesh were cited as eyewitnesses; however, both did not support the prosecution case and were declared h