Law: Pakistan Penal Code, 1860

Section: 320,427

(a) Penal Code (XLV of 1860)--- ----Ss. 320 & 427---Qatl-i-khata by rash or negligent driving, mischief causing damage to the amount of fifty rupees---Appreciation of evidence---Benefit of doubt---Son of complainant was hit by the unknown driver of the vehicle due to rash and negligent driving, resultantly, he got injured and became unconscious, and thereafter died---Record showed that in the initial report recorded through the murasila, no eye-witness had been cited by the complainant---Eye-witness shown in the site-plan was not examined and another person, who posed himself to be eye-witness of the alleged occurrence was not examined under S. 161, Cr.P.C. by the Investigating Officer---Investigating Officer had admitted in his cross-examination that many people were present on the spot at the time of occurrence, but except eye-witness, no one had seen the alleged occurrence---Alleged eye-witness had admitted that he had not been cited as eye-witness in the site plan---Said witness, though had stated that the injured was taken to the hospital and informed his father about the incident and that he was co-villager of the complainant, but he was neither named as eye-witness in the initial report nor cited as eye-witness in the site-plan---Said witness admitted that the matter was reported to the local police by him and he had not alleged that the accused was driving vehicle negligently and rashly; in such like cases, prosecution had to prove that besides over-speed driving, accused was also guilty of driving rashly and negligently---High speeding could not be made a ground for presumption that driver was responsible for the accident, unless it was established in a reasonable manner that besides, the over speeding driver of the vehicle was found rash and negligent while driving---Eye-witness had not alleged that the vehicle was being driven by the accused rashly and negligently---Said witness was examined in the court for the first time on 27.10.2015 and the alleged occurrence had taken place on 23.4.2012, which showed that the said witness was introduced at a belated stage, and that he had not seen the alleged occurrence, and was not present on the…

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