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Keywords: Necessity, Conviction, Evidence, Negligence, Evaluation, Guilty, Set Aside, Inter Alia, Petitioner, Defence, Vehicle, Prosecution, Order, Care, Procedure, Examination, Place, Cross-Examination, Ipso Facto Result: Appeal accepted JUDGMENT Applicant Mohammad Akhtar son of Mohammad Qasim, who was convicted under section 304-A, P. P. C. By the Addl. City Megistrate. Karachi and. Sentenced to suffer R. I. For to years, had filed an appeal before the VI Addl. District and Sessions Judge, Karachi. The appeal was rejected and therefore he has filed this revision application under Sections 435 and 439; Cr. P. C. Before this Court. 2. The facts of the case briefly stated are as under :.- On 15th May 1971 the applicant was driving a taxi bearing No. -K.AX 2707 alon Andrew Road from Keamari and going towards Bhutto Village when a .By 'of about 10 years of age got knocked down. The by was dragged for some distance till the -applicant stopped the taxi by applying the brakes. It was the case of the prosecution that the incident was witnessed by to persons, namely Abdul Sattar and Ali Gohar, who -`~ in the neighbourhood. Moosa, uncle of the by took him with the help of the applicant to the Civil Hospital in the same taxi. The by died soon after reaching the hospital. 3. The applicant pleaded not guilty to the charge under section 304-A, P. P. C. At the trial. He professed his innocence and stated that he was driving the taxi at a slow speed and the by had suddenly crossed the road running after a kite, dashed against his taxi and had been injured. On behalf of the applicant it has been urged that the trial and appellate Courts failed to consider whether the applicant was guilty of any rash or negligent at. It is contended that the word "speed" had been confused with rashness and negligence. A perusal of the record of the case would show that both the eye witnesses, namely Abdul Sattar and Ali Gohar had stated that the applicant was driving the. Taxi on the Andrew Road which is about 10 feet wide, at a high spied. There is also evidence of these witnesses in whose presence the sketch of the scene of occurrence was prepared that there were 17 ft. Long skid marks on the…

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