Supreme Court Dismisses Appeal Against Conviction for Rash Driving Leading to Death.
20 December 2024
Rash driving or riding on a public way >> Criminal Law
In James v/s The State of Karnataka., the petitioner filed a special leave petition against the judgment dated 08.07.2022 by the High Court of Karnataka, which upheld his conviction for the offences under Sections 279 and 304A of the Indian Penal Code (IPC). The petitioner had been sentenced to six months of simple imprisonment (S.I.) and a fine of Rs. 1000 for the death of Dinesh Kailaje in a road accident on October 18, 2009. The petitioner was driving his vehicle rashly and negligently, colliding with Kailaje's motorcycle, resulting in the death of Kailaje and injuries to his son.
The trial court and subsequent appellate court found the petitioner guilty, concluding that the prosecution had proven its case beyond a reasonable doubt. The petitioner argued that the evidence was unreliable and that the accident was due to contributory negligence, but the courts found his arguments unconvincing. The High Court upheld the conviction and sentence, noting that the petitioner’s actions were indeed rash and negligent.
The petitioner’s appeal for leniency, citing his personal circumstances, was rejected, with the courts asserting that the nature of the crime—resulting in a death—warranted the sentence.
Section 304A., Indian Penal Code - 1860