Mumbai court acquits biker accused in hit-and-run case

A metropolitan magistrate court at Vikhroli has acquitted a biker booked for rash and negligent driving and causing death by negligence of a senior citizen in view of the fact that there was no direct evidence linking the accused to the accident and that the victim had not used the zebra crossing while crossing the road.

A metropolitan magistrate court at Vikhroli has acquitted a biker booked for rash and negligent driving and causing death by negligence of a senior citizen in view of the fact that there was no direct evidence linking the accused to the accident and that the victim had not used the zebra crossing while crossing the road. The court observed that it was question of common knowledge that pedestrians are not supposed to cross roads unless there is a zebra crossing.

For representational purpose only. (FILE)

The incident took place on August 10, 2017, when Mudrika Harishchandra Kamble, 60, was trying to cross Eastern Express Highway near Kamraj Nagar and a vehicle hit her and fled from the spot.

Kamble was first taken to Rajawadi Hospital and later shifted to Rubi Hall Clinic in Pune, where she died three days later.

Pant Nagar police had registered a case in the matter against unknown accused under sections 279 (rash driving), 337 (causing hurt by act endangering life or personal safety of others), 338 (causing grievous hurt by act endangering life or personal safety of others) and 304A (causing death by negligence) of the Indian Penal Code.

The police later traced the driver of the scooter as Hemant Hatkar and arrested him.

Metropolitan magistrate SS Parave of Vikhroli court acquitted Hatkar mainly in view of absence of direct evidence against him.

The court, however, observed that the prosecution has not placed on record any evidence to show that the accused had hit Kamble.

The court observed that the spot panchnama shows that the incident took place in the middle of the road when Kamble was crossing the road and there was nothing on record which makes clear that at the spot of incident there was a zebra crossing.