Telangana Court Judgment 

Telangana Court Judgment 

Rash and Negligent driving – Accused is presumed innocent until proven

CRPC – S.374, 397 & 401 – IPC – S.304A & 337 – M.V. Act – S.187 – Criminal revision against conviction – burden of proof – high speed – held, A thorough review of the evidence presented reveals that none of the essential elements for the offenses under S.304A & 337 of the IPC, nor S.187 of the M.V. Act, are established against the petitioner/accused. Although a complaint was lodged and cognizance was taken with a charge sheet filed, there is no substantive evidence to proceed against the petitioner. The court further noted that merely driving at a high speed does not automatically imply negligence or rashness. None of the prosecution’s witnesses could clearly define what they meant by “high speed” or provide any specific details. In a criminal trial, the burden of proof always lies with the prosecution, and the accused is presumed innocent until proven otherwise. As a result, the petitioner is entitled to an acquittal for the charges brought against him. The criminal revision petition is allowed, and the conviction and sentence are set aside. Accordingly, the petitioner stands acquitted of all charges.

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#innocentuntilproven

#substantiveevidence

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