No Offence Of Rash Driving If Pedestrian Was Hit While Not Using Zebra Crossing : Mumbai Court

People on foot are not assumed to cross the Eastern Express Interstate unless there’s a zebra crossing, a Magistrate Court watched in its arrange clearing a 30-year-old biker blamed of killing a 60-year-old lady whereas she endeavoured to cross the street in 2017.

Magistrate SS Parave vindicated biker Hemant Hatkar booked under Sections 279 (rash and negligent act), 304(A) (causing passing by carelessness) of the Indian Penal Code and for the offense culpable beneath Section 134(a)(b) of the Motor Vehicle Act.

The court watched that it shows up the accident happened within the center of the street, and there was nothing on record to appear that the casualty has utilized the zebra crossing.

“From the spot of occurrence at the distance of 35 feets towards Eastern side there was a pathway. From the spot of incident the street divider as at the distance of 15 feet. That it implies the occurrence was took place within the center of street when deceased Mudrika Kamble was attempting to cross the street It is address of common information that pedestrians are not supposed to cross eastern express interstate unless there’s zebra crossing.

The Magistrate advance said nothing might interface Hatkar to the act of ramming into Mudrika Kamble. The informant was not an onlooker and came after the occurrence, the court said.
“Within the circumstance, it is obvious that prosecution has fizzled to set up that accused drove his motor vehicle on a open street in hasty and careless way imperiling human life or personal safety of others and in this manner caused death of Mudrika Kamble additionally fizzled to supply her medical help and to report the matter to the closest police station.”

Case Title: State (Pantnagar Police Station) v. Hemant Nagesh Hatkar

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