STATE NCT OF DELHI vs SHIV SHANKER

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 22nd January, 2026 Pronounced on: 16th March, 2026 + Crl.A.109/2026 STATE NCT OF DELHI .....Petitioner Through: Mr. Shoaib Haider, APP for State. versus SHIV SHANKER S/o Sh. Manoj Dass R/o H.No.2207, Apni Colony, Alipur Gardhi, Delhi. .....Respondent Through: CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. A Criminal Appeal under Section 378(1)(b) of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) has been filed on behalf of the Appellant/State to challenge the Judgment dated 24.12.2019, whereby learned CMM-04 (North), Delhi has acquitted the Accused/Respondent, Shiv Shankar for the offence under section 279/304A of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) in case FIR No.420/2012 registered at P.S. Alipur, Delhi. 2. The facts in brief are that on 05.12.2012 at about 11 A.M., one child, Veer @ Aditya, aged about 2 years was run over allegedly by the TATA Ace Truck bearing registration No. DL 1LP 6713, which was being driven in a rash and negligent manner, by the Respondent. The child was taken to 3. On receipt of information about the