Motorist jailed for 2 years for toddler’s mishap death

According to the prosecution, the incident occurred on December 15, 2022 when car-borne convict Pankaj, a resident of Dadu Majra, hit one-year-old Aatif Khan outside his father’s grocery shop

Convicting a man for a car mishap that resulted in the death of a toddler in Maloya over three years ago, a local court has sentenced him to two years of rigorous imprisonment.

The postmortem report stated that the child died due to haemorrhagic shock caused by a head injury. (HT File)

According to the prosecution, the incident occurred on December 15, 2022 when car-borne convict Pankaj, a resident of Dadu Majra, hit one-year-old Aatif Khan outside his father’s grocery shop. The boy suffered severe head injuries and was rushed to the PGIMER where doctors declared him brought dead. The Maloya police had registered a case under Sections 279 (rash driving or riding on a public way) and 304-A (death by negligence) of the Indian Penal Code (IPC).

During the trial, the prosecution examined nine witnesses, including the investigating officer, doctors who conducted the postmortem and officials who mechanically inspected the vehicle. The postmortem report stated that the child died due to haemorrhagic shock caused by a head injury.

The defence argued that the prosecution case suffered from contradictions and pointed out that the complainant’s wife who was present at the spot was not examined as a witness. However, the court held that the complainant’s testimony was reliable and sufficient to establish the accused’s identity and the circumstances of the accident.

“The testimony of the complainant inspires confidence and is sufficient to sustain the conviction,” the court observed while rejecting the defence contention regarding the absence of independent witnesses.

While declining the convict’s plea for probation, the court of judicial magistrate Ajay observed, “He should have driven the vehicle with utmost care and caution. But there is dereliction of duty on his part.”

The court sentenced Pankaj to two years’ rigorous imprisonment and a ₹5,000 fine under Section 304-A, and three months’ rigorous imprisonment with a ₹500 fine under Section 279. Both sentences will run concurrently.