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2014 (2) TMI 1386 - SC - Indian LawsAccident - vehicle hit against a scooty and resultantly a two year old child travelling in the scooty fell down and the tractor ran over the child and she succumbed to the injury - main defence of the Appellant before the trial court was that there was no evidence to hold that he was the driver of the tractor at the relevant time - offences under Section 187 and 197 of the MV Act - HELD THAT:- According to the prosecution, there is no direct evidence. Even the injured witness PW-5, who was driving the scooty, has not identified the driver. The High Court, on the only evidence that the Appellant was scolded by people in the hospital, has come to the conclusion that the Appellant was the driver of the tractor. There is also no direct evidence with regard to the ingredients of Sections 279 and 304A of Indian Penal Code. The High Court, on re-appreciation of the evidence, has taken another view so as to convict the accused. The High Court in the impugned judgment does not seem to have taken a view that the judgment of the trial court acquitting the accused is based on no material or it is perverse or the view by the trial court is wholly unreasonable or it is not a plausible view or there is non-consideration of any evidence or there is palpable misreading of evidence, etc. - It is not the stand of the High Court that there had been some miscarriage of justice in the way the trial court has appreciated the evidence. On the contrary, it is the only stand of the High Court that on the available evidence, another view is also reasonably possible in the sense that the Appellant-accused could have been convicted. In such circumstances, the High Court was not justified in reversing the acquittal. The High Court itself having acquitted the Appellant under Section 187 of the MV Act on the ground of no evidence, whether it was possible, to hold him guilty under Sections 279 and 304A of Indian Penal Code, is itself a seriously doubtful question. However, it is not necessary to pronounce on that issue since the Appellant is liable to succeed otherwise. Appeal allowed - decided in favor of appellant.
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