Sheikh TARIQ MEHBOOB vs State Ss — 2022 PCrLJN 90 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Sheikh TARIQ MEHBOOB VS State Ss. 320, 322, 279 & 427---Qatl-i-khata by rash or negligent driving, qatl-bis-sabab, rash driving or riding on a public way, mischief causing damage to the amount of fifty rupees---Appreciation of evidence---Appeal against acquittal---Benefit of doubt---Allegation against the accused was that they while driving their wagons rashly and negligently hit the motorcycle of the brother of complainant, due to which brother of complainant along with his brother-in-law died---Record showed that the case of prosecution was set into motion on the report of complainant, who was not an eye-witness of the alleged occurrence, therefore, his statement could not be relied upon that the drivers of the wagons were in competition or driving the wagons in high speed---Complainant had admitted that at the time of occurrence he was at home, he had also not disclosed his source of information while lodging the FIR---Complainant had not seen the accident and was not present at the place of occurrence, then how he could say that the accident took place due to negligence and carelessness of the respondents and the motorcycle of the deceased persons was hit from the backside---Some independent evidence must be available to establish that the respondents were driving the offending wagons in a rash and negligent manner---Inspector Traffic Police who reached at the place of occurrence firstly stated that the accident took place due to taking of wrong U-turn by the motorcycle rider and further that the wagons were running in their correct direction---In the police record, nowhere it had been mentioned that the wagons were being driven by the respondents rashly or negligently or beyond the prescribed speed limit---Perusal of the site map confirmed that for the first time, the motorcycle of the deceased person was collided with left side of the wagon, which further strengthened the stance of respondents that the motorcycle was running from the left side of the wagons and it abruptly took a U-turn towards right side, which resulted into unfortunate accident, therefore, the respondents could not be held liable for the death of deceased persons---Record was silent about recording statement of any passengers of the wagons or any other person from the locality which was a thickly populated area---During the investigation, both the wagons were not examined by the Motor Vehicle Examiner to ascertain whether the wagons were in high speed---Case against the respondents was of no evidence with regard to rash and negligent driving---No denial of the fact that two persons lost their lives in the said accident in a populated area, but no person had witnessed the occurrence even the passengers of the wagons had not witnessed that the respondents were driving negligently---Not even a single witness came forth to witness that the accident took place due to negligence or rash driving or carelessness of the respondents---Circumstances established that the prosecution had failed to bring on record any confidence inspiring evidence to prove that the accident took place due to negligence or rash driving of the respondents---Appeal against acquittal was dismissed accordingly.

Sheikh TARIQ MEHBOOB vs State Ss — 2022 PCrLJN 90 ISLAMABAD

Case information

Judgment text as reported