Law:

Section:

Penal Code (XLV of 1860) Ss. 304 A & 337 read with West Pakistan Motor Vehicles Ordi¬nance (XIX of 1965), Ss. S9 & 104 Rash and negligent driving Accused driving taxi violating provisions of Motor Vehicles Ordinance, infraction whereof together with other evidence proving such infraction justifying conclusion of rashness and negligence on his part Held, accused was responsible for causing death of one child and simple hurt to another child and, therefore, guilty of offences under Ss. 304 A & 337 Acquittal appeal accepted and accused convicted and sentenced.¬[Rash and negligent driving Appeal against acquittal). Muhammad Siddique v. The State P L D 1958 Kar. 445 and All Muhammad v. The State P L D 1973 Kar. 427 distinguished. JUDGMENT S. A. NUSRAT, J. This acquittal appeal has been filed by the State against judgment dated 15th October, 1973, passed by the Additional City Magistrate Court No. XX, Karachi, acquitting the respondent of offences under sections 337 and 304 A, P. P. C. 2. According to prosecution on 25th March, 1971, at 5 15 p.m. the respondent, while he was driving a taxi on Frere Street, Saddar, Karachi, caused injuries to two children, namely, Nasreen and Isbaque, of whom the latter died. The F. 1. R. regarding the accident was recorded by S. H. O. Haider Zaman of Frere Police Station, Karachi on 25th March, 1971 at 10 30 p.m. under sections 279/337 and 304 A, P. P. C., on the basis of a telephonic message received by him from one Muneer Ahmed who had reported the accident. This message was entered in Station Diary. The said S. H. O. visited the scene of accident and prepared a site plan indicating the direction of the taxi, the spot where the accident had occurred and the place where the same had stopped after the impact and conducted necessary investigation. 3. The prosecution examined as many as nine witnesses while the accused produced three witnesses in defence. Mr. Agha Ghulam Ali, learned counsel for the State, vehemently challenged the findings of the learned, trial Court and took us through the evidence to show that the acquittal had resulted in miscarriage of justice because there was sufficient unimpeachable evidence on…

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