A 47-year-old man was sentenced to one year in jail for negligent driving which had caused the death of a sub-inspector in 2014. The court acquitted the man of more stringent charges of culpable homicide not amounting to murder, as the prosecution failed to prove that the accused was drunk at the time of the accident.
On August 31, 2014, sub-inspector Rajaram Desai and a police constable were going home on a bike towards Mulund after patrolling duty. Around 1.30 am near Chembur, a car at high speed dashed into their bike. Both officials suffered injuries and Desai succumbed to injuries on his head after he was taken to hospital. Police booked Mitesh
Modi, claiming he was drunk while driving at the time of the incident.
Modi in his defence had claimed he was only present at the site, watching what had happened but the police had booked him instead.
The prosecution had relied on the medical officer’s testimony which said she had observed that the accused was inebriated. The accused had, however, said samples were not sent to forensic science lab as per procedure.
The court in its order on December 17 agreed with the contention of the accused that samples were not sent as per procedure.
“The incident has taken place more than 10 years ago. During this period, it seems the accused has not committed such type of offence. Therefore, in my opinion, considering the nature of offences, the age and background of accused and his behavior during trial; the imposition of following punishment will meet the ends of justice,” the court said, sentencing the accused to one year in jail.
The sentence was suspended to allow time to the accused to file an appeal.
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