Mumbai: Andheri court shows leniency to youth whose rash driving caused death

Observing that a youth, accused of rashly driving his car and thereby causing the death of a man in 2012, had attended court on every date of hearing, a magistrate court showed leniency to him on finding him guilty.

The incident had occurred in P&T Colony, Sahar Road, Vile Parle, around 7.30pm. An eyewitness had testified against Andheri resident Salman Bhaldar. He had told the court that the victim, Laxman Patkar, was sitting on a cement platform on the side of a one-way road between two buildings and the car being driven by the accused, had hit the victim. Patkar had started screaming and he had rushed to help him. He said the driver’s brother was in the passenger seat beside him and had suggested that they take Patkar, whose leg was injured, to a hospital. The eyewitness had gone along and Patkar was taken to Sanjeevani Hospital in Andheri. He said the accused had left the hospital and after some time, the doctor had declared Patkar dead.

Metropolitan Magistrate C P Kashid of Andheri court said in the judgment that though the testimony of the eyewitness was the sole testimony, his evidence was so natural, which took the court to the finding that the prosecution had proved the case against Bhaldar beyond reasonable doubt.

Bhaldar’s advocate had sought leniency in sentencing and told the court that the accused is newly married, has family responsibilities and that it was his first offence. Magistrate Kashid noted that the entire record of the case shows that the accused was continuously present in court in every date of hearing. It further noted that Bhaldar had no previous conviction. Therefore, it said that it wished to extend the benefit of the Probation of Offenders Act to him. Under the Act, instead of a jail term, a person found guilty is released on a bond of good behaviour, on the violation of which, the person will be called to serve a sentence. Accordingly, the court ordered that instead of sentencing Bhaldar, he be released on a one-year bond, during which he has to maintain good behaviour. It also directed him to pay a compensation of Rs 5,000 to Patkar’s son.