“High Court Sets Aside Conviction, Stating ‘Identity of the Accused-Petitioner as the Driver of Offending Vehicle Not Established'”
In a significant ruling, the Punjab and Haryana High Court has set aside the conviction of Narinder Singh, who was earlier found guilty under Sections 279 and 304A of the IPC by the trial court. The High Court observed that the “identity of the accused-petitioner as the driver of the offending vehicle was not at all established.”
Justice Deepak Gupta, presiding over the case, noted that the prosecution’s failure to provide cogent evidence led to the decision. “It is to be noted that the prosecution examined only 3 witnesses so as to prove its charges,” the judge said, adding that none of these witnesses could confirm seeing the accused at the spot of the accident.
The case dates back to June 8, 2011, when a truck allegedly driven by Narinder Singh hit a tractor trolley, causing injuries to multiple people and leading to one fatality. Singh was arrested and later convicted by the trial court, a decision upheld by the Additional Sessions Judge in Amritsar.
However, the High Court found several lapses in the prosecution’s case, including the absence of key witnesses and failure to conduct a test identification parade. “Prosecution did not examine the Investigating Officer of the case so as to prove the steps taken during investigation,” Justice Gupta observed.
The petitioner had also made an alternative submission, stating that a compromise was reached with the legal heirs of the deceased, but the High Court did not consider this due to the fundamental lapses in establishing the identity of the accused.
“In view of the aforesaid circumstances, particularly non-establishing the identity of the accused-petitioner as the driver of offending vehicle, the conviction as recorded by the trial Court and as affirmed by the Appellate Court, cannot be sustained in the eyes of law,” the judgement read.
The ruling has been welcomed by legal experts who believe it underscores the importance of thorough investigation and proper presentation of evidence in criminal cases.
The revision petition filed by Narinder Singh has been allowed, and the earlier judgments of conviction have been set aside, offering him a significant legal reprieve.
Date of Decision:19th September 2023
Narinder Singh vs State of Punjab
