Gurugram: Family of motorcyclist killed near Belvedere Towers demands stringent action against juvenile, parents

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Published on Sep 26, 2020 11:11 PM IST
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By, Gurugram

Family of motorcyclist 48-year-old Alok Gupta, who was killed in an accident on August 23 involving a vehicle driven by a minor near Belvedere Towers in DLF Phase-2, organised a silent march on Saturday morning demanding justice.

Armed with placards and banners, around 400 people, including family, friends, and cyclists, took part in the solidarity march that started from DT Mega Mall around 7am till the accident spot near the DLF Phase 2 Rapid Metro station. They demanded that the tougher section 304-II (culpable homicide not amounting to murder) of the Indian Penal Code (IPC) be invoked against the accused.

The juvenile in the case had been apprehended and the car owner, his friend’s father, had been arrested. Police had registered an FIR under sections 279 (rash driving) and 304 A (Death by negligence) at DLF Phase 2 police station. These are bailable offences. Later, the police had added sections 184 (driving dangerously) and 185 (for drink driving) of the Motor Vehicles Act to the FIR as the minor was allegedly inebriated.

Family members said that the investigation had not progressed since the past month and that the parents of the juvenile had not been made party to the case.

Mihika Wahi Gupta, Alok’s wife, said, “We have not been given any update on the investigations and have been running from pillar to post. The sections imposed by them so far are very weak. The parents of the child driving the car haven’t been booked. The co-passenger (another minor) was also not arrested. The owner of the car, who gave the keys despite the children being drunk, was also released on bail within an hour. This is no justice.”

Anurag Gupta, Alok’s brother, said, “Drink driving is not a negligent act to be punished under Section 304 A. It is an act done with the knowledge of the consequences of driving under the influence of alcohol, which must ideally attract IPC section 304 (II). In the past, the Supreme Court has also said that parents of minors should be held accountable in such instances and booked.”

Gaurav Pant, a family friend, said that the march was aimed at seeking justice for Alok and many others like him. Pant said that drink driving was a menace and needed to be curbed through strong deterrence. “Such accidents take place routinely and due to weak sections, the perpetrators get away easily. Strict laws need to be imposed so that such cases are not reported in future,” said Pant.

Inspector Aman, station house officer (SHO), DLF Phase 2, said, “We had taken legal opinion on the matter and invoked IPC section 304A in the FIR as per law and facts of the case. If the car was registered in the name of juvenile driver’s parents, then action would have been taken against them. This is not the case here.”

Karan Goyal, assistant commissioner of police (ACP), DLF, said, “The juvenile and the owner of the car were booked and arrested under relevant Indian Penal Code and Motor Vehicles Act offences. The investigation is still going on in the most legal and fair manner.”

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