Excelsior Correspondent
SRINAGAR, June 6: High Court today upheld verdict of trail court granting one year imprisonment to a person for rash driving and asked him to surrender before the court.
The accused-Showkat Ahmad Nadaf was found guilty before the trial court for rash driving resulting in killing a minor girl. He was convicted and sentenced to one year imprisonment and fine of Rs 2000 and imprisonment of two months with fine of Rs 500 under section 304 RPC.
Aggrieved by the said verdict Nadaf filed a criminal revision against the judgment of the trial court.
Justice Sanjay Dhar said there is no ground to interfere in the impugned judgment passed by the trial court as also with the appellate court. “The same are well-reasoned and lucid and do not call for interference by this Court. The petition is, therefore, dismissed being devoid of merit,” Court concluded
The court directed Nadaf to surrender before the trial court within 15 days from today and once he surrenders before the trial court, he was directed to be sent to the jail for serving the sentence in accordance with law.
“In case the petitioner/accused does not surrender before the trial court within the aforesaid period, the trial court shall adopt a coercive method for securing his presence in the court”, Court directed.
Nadaf was driving a Maruti car bearing No.DDU-6258 and a minor girl, Rubeena, was knocked down to death by the said vehicle in 2001.
A case (FIR No.85/2001 for offences under Section 279, 304- RPC) was registered and the investigation of the case was set into motion. After completing investigation of the case, the charge sheet was laid against the petitioner before the trial court.
The petitioner was charged for offences under Section 279/304-A RPC and the prosecution was directed to lead evidence in support of the charges. The trial court thereafter passed the judgment dated 20.08.2013, whereby the petitioner/accused was convicted.
The judgment of conviction was challenged by the petitioner by way of an appeal before the Principal Sessions Judge, Srinagar. The appeal has been dismissed by the appellate court in terms of the impugned judgment dated 10.08.2018, whereby the judgment of the trial court has been upheld and the appeal has been dismissed.
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