Panaji: A court in Merces has acquitted Venkatesh Jhadav in a July 2023 hit-and-run case at Chimbel, holding that the prosecution failed to establish his involvement in the accident or prove rash and negligent driving beyond reasonable doubt.
Case Background
Jhadav had been accused of hitting a scooter rider with his autorickshaw and fleeing the scene. The rider later succumbed to injuries while being taken to GMC.
Court Observations
Chief judicial magistrate Sarika N Fal Dessai observed that the prosecution failed to produce independent eyewitnesses or conclusive evidence linking the accused to the accident. The court noted that the point of impact was not marked in the scene of the accident panchanama sketch, which proved fatal to the prosecution's case.
“I am of the opinion that the scene of the panchanama does not reveal as to who was rash and negligent. There is also no one who witnessed who was rash and negligent. There is no circumstance to conclude that the accused was involved or that he was rash and negligent. The identity of the accused as the driver of the vehicle is not established,” the court stated.
Prosecution's Evidence
During the trial, a police sub-inspector deposed that Jhadav had visited the police station to inform authorities about the accident because police personnel had not yet reached the spot. The court, however, held that the accused's presence at the police station was insufficient to establish his involvement in the case.
“The prosecution will have to independently establish beyond reasonable doubt that the accused was involved in rash and negligent driving,” the court observed.
Verdict
The court concluded that the prosecution failed to prove that Jhadav caused the accident, drove rashly and negligently, or fled the scene without providing medical assistance to the victim or informing the police.
