Punjab and Haryana High Court Quashes State Election Commission's Cancellation of Panchayat Elections in Punjab J&K High Court Quashes FIR Against Bajaj Allianz, Asserts Insurance Dispute Shouldn’t Be Criminalized Sole Eyewitness's Testimony Insufficient to Sustain Murder Conviction: Madras High Court Acquits Three Accused in Murder Case Presumption of Innocence is Strengthened in Acquittal Cases; Appellate Courts Must Respect Trial Court Findings Unless Clearly Perverse: Delhi High Court NDPS | Physical or Virtual Presence of Accused is Mandatory for Extension of Detention Beyond 180 Days: Andhra Pradesh HC Bombay High Court Quashes Suspension of Welfare Benefits for Construction Workers Due to Model Code of Conduct Section 131 of Electricity Act Does Not Mandate Finalized Transfer Scheme Before Bidding: Punjab and Haryana High Court Upholds Privatization of UT Chandigarh Electricity Department Revenue Authorities Must Safeguard State Property, Not Indulge in Land Scams: Madhya Pradesh High Court Proposed Amendment Clarifies, Not Changes, Cause of Action: High Court of Jharkhand emphasizing the necessity of amendment for determining real questions in controversy. EWS Candidates Selected on Merit Should Not Be Counted Towards Reserved Quota: P&H High Court Finance Act 2022 Amendments Upheld: Supreme Court Validates Retrospective Customs Authority for DRI Mere Breach Of Contract Does Not Constitute A Criminal Offense Unless Fraudulent Intent Exists From The Start: Delhi High Court Anticipatory Bail Not Intended As A Shield To Avoid Lawful Proceedings In Cases Of Serious Crimes: Allahabad High Court Rajasthan High Court Grants Bail in Light of Prolonged Detention and Delays in Trial U/S 480 BNSS Provision Bombay High Court Orders Disclosure of Candidates' Marks in Public Recruitment Process: Promotes Transparency under RTI Act Maintenance | Father's Duty to Support Daughters Until Self-Sufficiency or Marriage: Karnataka High Court Designation of Arbitration 'Venue' as 'Seat' Confers Exclusive Jurisdiction: Supreme Court Rules in Dubai Arbitration Case Corporate Veil Shields Company Assets from Partition as Joint Family Property: Madras High Court Principal Employers Liable for ESI Contributions for Contract Workers, But Assessments Must Be Fair and Account for Eligibility: Kerala High Court Government Entities Must be Treated Equally to Private Parties in Arbitration Proceedings: Supreme Court Supreme Court Allows Resumption of Disciplinary Inquiry Against Storekeeper in Ration Misappropriation Case

"High Court Sets Aside Conviction, Stating 'Identity of the Accused-Petitioner as the Driver of Offending Vehicle Not Established'"

07 May 2024 8:19 AM

By: Admin


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

Similar News