Syed FIDA HUSSAIN SHAH vs State Ss — 2024 SCMR 1622 SUPREME-COURT

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Syed FIDA HUSSAIN SHAH VS State Ss. 279, 427 & 320---Criminal Procedure Code (V of 1898), S.342---Rash driving or riding on a public way, mischief causing damage to the amount of fifty rupees, qatl-i-khata by rash or negligent driving---Reappraisal of evidence---Examination/statement of accused under section 342, Cr.P.C---Scope---When the prosecution evidence is disbelieved then the statement of an accused is to be accepted or rejected in toto---In such situation, it is legally not permissible to accept the inculpatory part of the statement of an accused and reject the ex-culpatory part of the same statement---In the present case the petitioner (accused) in his Section 342 Cr.P.C. statement categorically stated that he was innocent and he never committed the alleged occurrence---Petitioner had also stated categorically that he had never driven the vehicle rashly or negligently and he took utmost care and caution on his part while driving the vehicle---Although in the last sentence of his statement under Section 342 Cr.P.C, the petitioner had stated that the accident happened beyond his control despite utmost care and caution on his part, but even from this part of the statement of the petitioner, the ingredients of offences of rash and negligent driving were not made or proved---If the above mentioned statement of the petitioner was accepted in toto then no offence of rash and negligent driving on the part of the petitioner was made out in this case---It could not be held that the petitioner admitted that the occurrence took place due to his rash and negligent driving---Prosecution failed to prove that it was the petitioner who was driving the vehicle in question---Prosecution had also not proved through any cogent evidence that it was driver of the said vehicle, who was responsible for rash and negligent driving---As such the prosecution failed to discharge its initial burden to prove the case against the petitioner beyond the shadow of doubt---Petition was converted into appeal and allowed, and the accused was acquitted of the charges while extending him the benefit of doubt.

Syed FIDA HUSSAIN SHAH vs State Ss — 2024 SCMR 1622 SUPREME-COURT

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