STATE NCT OF DELHI vs SHIV SHANKER

Judgment text excerpt

* 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 Signature Not Verified Digitally Signed By:ANIL CRL.A.109/2026 Page 1 of 12 KUMAR BHATT Signing Date:16.03.2026 17:09:38 SRHC Hospital immediately by his mother, Babli and other neighbours, but the child was declared “dead”. 3. On receipt of information about the accident vide DD No.15. SI Satbir Singh who along with Const. S.K. Jahangir, reached the spot where the respondent and the offending truck were standing. 4. ASI Omender Kumar took over the investigations. He reached the spot Const. Sunil Kumar was left on the spot and he went to the Hospital, where the child had already been declared dead. He recorded the statement of eye