Mumbai: The Metropolitan Magistrate court acquitted a 38-year-old professional booked for rash and negligent driving observing that the complainant was riding on the wrong side.
“If a person drives a vehicle in the wrong lane then there is a high chance of an accident. If an injured person is driving a vehicle on the wrong lane and if an accident occurs then possibility of accident due to negligence of the injured cannot be ruled out," the Metropolitan Magistrate Nadeep Patel held while acquitting Pravin Pawar, resident of Colaba.
The incident took place on February 8, 2019, when complainant Snehal Rane was riding with her friend Sushant Dalvi. It is claimed that Rane was running a flower business at Walkeshwar and was heading towards Grant Road.
Here is how the accident unfolded:
It was claimed that when they were passing by Wilson college road that time one motorcycle came from the opposite direction and gave a dash to them. She fell to the left side and suffered a grievous hurt to her leg. Dalvi suffered minor injury. Public helped her and took her aside. She was later taken to GT hospital as she suffered a fracture on her left leg. The bike was driven by Pawar.
During the trial Dalvi admitted that he was standing at the wrong side. The court however didn't believe him observing that, it is very difficult to hold that Dalvi was just standing on the wrong lane and not driving his vehicle on the wrong lane. It is nothing but afterthought story put up by Dalvi that he was just standing in the middle of the road. Therefore, the statement of Dalvi that he was standing in the wrong lane is not trustworthy, the court said.
However, the court said even if it is believed that he was standing at the wrong side, it is a negligent act. "Because when the lane is moving and anyone is riding in the middle of the road then also it is negligent act. There is a high possibility of an accident if anyone is standing in the middle of the running lane. Thus, it cannot be said that the accused was driving his vehicle in rash and negligent manner," the court said acquiting Pawar.
