STATE vs SANTOSH CHOUDHARY

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 18.02.2026 Judgment pronounced on: 23.02.2026 + CRL.A. 308/2017 STATE .....Appellant Through: Mr. Utkarsh, APP for the State with SI Shivam. versus SANTOSH CHOUDHARY .....Respondent Through: Mr. Alok Sharma and Mr. Aditya Sharma, Advocates. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. This appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (the Cr.P.C.) has been filed by the State in Case No. 661/2012 on the file of Metropolitan Magistrate, North East Delhi, assailing the judgment dated 14.10.2013 as per which the sole accused has been acquitted of the offences under Sections 279 and 304A of the Indian Penal Code, 1860 (the IPC), giving him the benefit of doubt. CRL.A. 308/2017 Page 1 of 15 Signature Not Verified Signed By:KOMAL DHAWAN Signing Date:24.02.2026 10:54:04 2. The prosecution case is that on 16.02.2002, at about 07:45 A.M., at T-point, GT Road, Delhi, the accused drove bus bearing registration no. DL-1PA-7989 in a rash and negligent manner so as to endanger human life. The accused lost control of his vehicle and knocked down Shameem, the mother of PW3 and PW4 and fled from the spot. Shameem thereafter succumbed to injuries on the same date at 01:15P.M.Hence, as per the charge- sheet/final report dated 03.04.2002, the accused was alleged to have committed the offences punishable under Sections 279 and 304A IPC. 3. On the basis of Exhibit PW7/A FIS of Shameem, given on 16.02.2002, Crime no. 39/2002, Seelampur Police Station, i.e., Exhibit PW8/B FIR was registered by PW8,Woman Sub- Inspector. PW7, Sub Inspector (SI) was entrusted with the investigation of the case. PW7 conducted investigation into the crime and on completion of the same, f