Man convicted of causing death by negligence, 14 yrs after child's death

New Delhi: A local court has convicted a man of causing death by negligence and rash driving, 14 years after a child was killed in an accident.

The court was hearing a case against Mathura Prasad, accused of causing the death of a 13-year-old boy due to rash driving in Uttam Nagar on March 11, 2008.

The court observed that the witness testimony was coherent and directly implicated the accused.

Metropolitan Magistrate Kratika Chaturvedi said in a recent order, "The accused Mathura Prasad is hereby found guilty of offences under sections 279 (rash driving on a public way) and 304 A (causing death by negligence) of the Indian Penal Code.

"The testimony of the complainant and other witnesses is coherent and directly implicates the accused and the defence has failed to punch a hole in the consistent testimony of the prosecution witnesses."

Prasad will be sentenced on November 19, the next date of hearing, after he files an affidavit regarding his annual income and assets.

The court noted that the prosecution's argument hinged upon the testimony of a star witness Nek Pal, also the complainant in the case, who said the accident occurred due to Prasad's fault.

The negligent act of the accused while entering a narrow lane on a tractor resulted in the death of the child, who was crushed between the vehicle and a wall, the court noted.

Though the deceased was Pal's brother-in-law, his testimony could not be discarded merely because he was related to the victim, the court noted.

"In the instant case prosecution witness 2 (Pal) had lost his close relative and he had no reason to falsely implicate the accused," the court said.

The court also said the non-joining of independent witnesses could not be the sole ground to discard or doubt the prosecution's case.

Observing that the witness testimonies were "impeccable and corroborative of each other", the court said the prosecution had proved its case beyond all reasonable doubts. Uttam Nagar police station had registered an FIR against the accused and charges were framed in October 2008.