Bombay HC quashes BEST bus driver's conviction for pedestrian's death in 1997

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The Bombay High Court (HC) on Monday quashed the conviction of a Brihanmumbai Electric Supply and Transport's (BEST) bus driver, who was implicated in the death of a pedestrian 27 years ago, news agency PTI reported. The court emphasised that there was insufficient evidence to support claims of rash or negligent driving against the driver. A single bench of Justice Milind Jadhav concluded that the prosecution had not proven that the accident was the result of any reckless behaviour on the part of the driver, Shivaji Karne.

In its ruling, the court pointed out that no witnesses had testified to Karne speeding or running a red light. "There is no doubt that the incident has led to the death of a person, but when there is no evidence relating to rash and negligent driving, the conviction of the applicant [Karne] is not justified and warranted," the court stated. The judge also took note of the fact that Karne had rushed the victim to a hospital immediately following the incident, which further undermined the prosecution's case.

The bench stated that the magistrate and sessions courts appear to have been "swayed away with emotion because of the demise of the injured". "In the present case, the prosecution has failed to establish that there was criminal rashness or culpable negligence on the part of the applicant, which would render him liable for punishment," the court concluded, ultimately quashing the previous judgments and acquitting Karne.

In 2001, a magistrate's court had convicted Karne under sections 279 (rash driving) and 304-A (causing death by negligence) of the Indian Penal Code, with the sessions court affirming this conviction the following year. He was sentenced to three months of simple imprisonment, spending two months in custody before being granted bail, PTI reported.

The incident in question occurred on December 2, 1997, when Karne was driving from Chira Bazaar to Crawford Market in south Mumbai. While navigating a turn at a traffic signal, he struck a man who was crossing the road. Following the collision, both Karne and the bus conductor hurried the man to a nearby hospital, where he was pronounced dead.

The prosecution had argued that Karne was driving in a careless manner. However, the high court highlighted that at the time of the accident, Karne was 32 years old and would now be 58. The court mandated that if he had faced suspension or dismissal owing to the conviction, he should be reinstated with back wages. If he has since retired, the BEST Undertaking was instructed to ensure that his retirement benefits are disbursed accordingly.

(With PTI inputs)