Harley rider death: Car owner, juvenile co-passenger held

The police on Tuesday night arrested the owner of a car involved in a collision with a motorcycle that left the rider, a 49-year-old chief financial officer (CFO)

The police on Tuesday night arrested the owner of a car involved in a collision with a motorcycle that left the rider, a 49-year-old chief financial officer (CFO) of a private company, dead on August 23 in Cyber City. The car was allegedly driven by a minor, who was inebriated at the time of the incident.

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On Wednesday, the police also apprehended a juvenile who was a co-passenger in the car, under Section 304 (2) of the Indian Penal Code and relevant sections of Juvenile Justice Act. The police said he will undergo a test to determine his age and was produced before the Juvenile Justice Board.

The car owner, identified as Dheeraj Taneja, has been booked under Section 109 (punishment for the offence for which there is no express provision made and the act is in consequence of the abetment by conspiracy) of the IPC and Section 77 (giving intoxicating liquor or narcotic drug or psychotropic substance to a child) of Juvenile Justice Act and was sent to judicial custody.

On August 23, the victim, Alok Gupta, was on his way to Noida on his Harley Davidson motorcycle around 6am, when a Ford Figo, in which the two juveniles were allegedly travelling, rammed into the divider and hit his motorcycle across the carriageway. Gupta had succumbed to his injuries and the police had registered an FIR against the juvenile driver and owner of car, a friend of the driver’s father, under sections 279 (rash driving or riding on a public way) and 304 A (death by negligence) of the IPC.

According to the police, the juveniles had attended a party at Taneja’s house and had allegedly consumed alcohol, after which they went out for a drive. The juvenile driving the car was apprehended earlier.

KK Rao, the commissioner of police, said Taneja was arrested under non-bailable sections and the juvenile was sent to an observation home in Faridabad. “As per the earlier sections, the suspects were released on bail but after the investigation was reopened, the sections were added and they were arrested. We have taken legal opinion and all relevant sections have been added and all arrests have been made,” he said.

Mihika Wahi Gupta, the victim’s wife, said she wants justice and also to spread awareness, to curb underage driving. “This accident is an eye-opener and the police should start booking parents and juvenile for underage driving. I am fighting for justice and will make sure the persons responsible for my husband’s death are behind bars,” she said.

Earlier, the victim’s family had approached the police commissioner over alleged negligence in the investigation and sought more stringent sections of the IPC. Gupta’s family wanted the teenager who was at the wheel booked under Section 304(II) (rash or negligent act not amounting to culpable homicide) of the IPC instead of Section 304(a) which is ‘negligence causing death’. Also, they wanted the owner of the car to be booked, following which sections 309 and 304(II) of the IPC and sections of JJ Act were added.

On November 9, Rao suspended two policemen, including the station house officer (SHO) of DLF Phase 2 police station.

The accident and the subsequent handling of the case by the police evoked widespread protests by the family and friends of the victim. On September 26, at least 400 people, including family members, friends and cyclists, carrying placards and banners, had taken out a solidarity march from DT Mega Mall to the crime spot, near DLF Phase 2 Rapid Metro station, demanding justice and action against those responsible.

Similar protests were also held in Delhi, Noida, Nagpur, Lucknow, Indore and Jaipur.