Mumbai: In a case of rash and negligent driving and injuring a police constable, the metropolitan magistrate court, Andheri, sentenced an 83-year-old Andheri resident till the rising of the court (confined to a holding area until the day’s court session ends) and imposed a fine of Rs1,000.
One day in August 2018, the police constable, Ashok Naringekar, was on bike on the Juhu Versova Link Road. The convicted man, Naval K Shrivastav, then 76 years old, was driving his black Chevrolet. Naringekar claimed as the signal turned green, they both moved ahead. However, as there was heavy traffic, Naringekar gestured Shrivastav to stop but he ignored it, hitting his bike and causing injury.
It was alleged that Shrivastav tried to flee but was caught by the traffic police. Shrivastav claimed that the act causing slight harm does fall within the exception given under Section 95 of the Indian Penal Code. Metropolitan magistrate SG Agrawal rejected Shrivastav’s defence that the injury suffered by the victim was very minor.
The court said driving on a public road in a negligent manner is an offence for which the defence under Section 95 of the IPC cannot be raised.
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