Driver whose car collided with police vehicle acquitted

Charanjit Singh Teja

Tribune News Service

Amritsar, February 9

The car driver, who met with an accident with a police vehicle escorting the Indo-Pak bus in September 2013 was acquitted by the court.

The car driver, Balwinder Singh, alias Billa, was booked by the Civil Lines police under Sections 279, 337, 338 and 427 of the IPC on September 30, 2013. The accident happened with the escort Gypsy of the Delhi-Lahore bus in which four police personnel were injured.

Head Constable (HC) Jodh Singh stated in his complaint that Balwinder Singh came from side of the Lohakra road T-point in a rash and negligent manner and rammed his car into Gypsy. Due to the collision Gypsy turned turtle and he along with other policemen sustained injuries, said the HC.

While hearing the case, the court stated: “That is an admitted fact that the Delhi-Lahore Bus to which the vehicle was giving an escort was plying on a high speed and did not stop anywhere in-between. The speed of the bus was stated to be 80 km per hour to 120 km per hour. The escort vehicles were also plying on the same speed. It was also admitted fact that there was no traffic signal at the place of the accident.”

“It has not been explained by the prosecution that why duty has not been followed by the car driver while driving vehicle on the road and how he is negligent,” the court added.

“Since it has not been proved on the file, then it cannot be presumed that the car driver was driving in rash or negligent manner. Without proving rash or negligence on the part of the car driver he cannot be held guilty for causing the accident when the speed of the vehicle of the complainant was high,” the court stated. “If anyone is giving an escort to any other vehicle, then it has no permission or licence to drive the vehicle on high speed without caring about the traffic, road condition and area of the city and T-points,” the court added.

“If the Delhi-Lahore bus is of the international route, then it does not carry any licence or permission to violate the traffic rules. If it has any such permission or licence then such has not been proved on the file by the prosecution,” the court stated.

“The accident took place at 2:40 pm and the IO went at the spot for investigation at 7 pm when he was just at 10 minutes distance from the place. Even then he received the information at 5:30 pm regarding the accident. In view of the above discussion case of the prosecution is doubtful against the accused,” the court further added.

After hearing the case, Judicial Magistrate Harpreet Singh acquitted Balwinder Singh.

What court said

If the Delhi-Lahore bus is of the international route, then it does not carry any licence or permission to violate the traffic rules. If it has any such permission or licence then such has not been proved on the file by the prosecution.