The Power Under Order XXXVIII, Rule 5 CPC is Drastic and Extraordinary; Should Not Be Exercised Mechanically or Merely for the Asking: Calcutta High Court Telangana High Court Strikes Down Section 10-A: Upholds Transparency in Public Employment Absence of Homogeneous Mixing and Procedural Deficiencies Vitiate NDPS Conviction: Punjab and Haryana High Court Business Disputes Cannot Be Given Criminal Color: Patna High Court Quashes Complaint in Trademark Agreement Case Gujarat High Court Appoints Wife as Guardian of Comatose Husband, Calls for Legislative Framework Standard of Proof in Professional Misconduct Requires 'Higher Threshold' but Below 'Beyond Reasonable Doubt: Delhi High Court Imprisonment Cannot Bar Education: Bombay HC Allows UAPA Accused to Pursue LL.B. High Court Acquits Accused in Double Murder Case, Asserts ‘Suspicion Cannot Replace Proof’ Long separation and irreparable breakdown of marriage must be read as cruelty under Section 13(1)(ia) of the Hindu Marriage Act: Andhra Pradesh High Court Regulation 101 Applies to All Aided Institutions, Including Minority Ones, Says Allahabad High Court Fraud Unravels All Judicial Acts : Jharkhand High Court Orders Demolition of Unauthorized Constructions in Ratan Heights Case Calcutta High Court Allows Amendment of Pleadings Post-Trial: Necessary for Determining Real Questions in Controversy Exaggerated Allegations in Matrimonial Disputes Cause Irreparable Suffering, Even Acquittal Can't Erase Scars: Supreme Court Quashes FIR Against Relatives in Matrimonial Dispute Consent Requires Active Deliberation; False Promise of Marriage Must Be Proximate Cause for Sexual Relations: Supreme Court Urgency Clause in Land Acquisition for Yamuna Expressway Upheld: Supreme Court Affirms Public Interest in Integrated Development Interest Rate of 24% Compounded Annually Held Excessive; Adjusted to Ensure Fairness in Loan Transactions: AP HC Prosecution Under IPC After Factories Act Conviction Violates Article 20(2): Bombay High Court Join Our Exclusive Lawyer E News WhatsApp Group!

Punjab and Haryana High Court Acquits Ginder Singh in Hit-and-Run Case, Citing Probable Defense

03 September 2024 10:23 AM

By: Admin


In a significant verdict, the Punjab and Haryana High Court acquitted Ginder Singh, the appellant in a hit-and-run case, overturning the concurrent finding of conviction by the lower courts. Justice Deepak Gupta, presiding over the case, pronounced the judgment on May 10, 2023, granting the accused the benefit of doubt based on the highly probable defense presented.

The case revolved around an incident that occurred on July 9, 2003, wherein Ginder Singh was alleged to have driven a PRTC bus that collided with a scooter, resulting in the deaths of Rattan Kumar and Kamlesh Kaur. The incident took place near Village Rajgarh in Patiala, Punjab.

The lower court had convicted Ginder Singh under Sections 304-A (causing death by negligence) and 279 (rash driving) of the Indian Penal Code (IPC). However, the Punjab and Haryana High Court, after careful examination of the evidence and testimonies, found inconsistencies in the prosecution witnesses' version and deemed the defense's account as highly probable.

Justice Deepak Gupta, in his judgment, noted that the prosecution witnesses' statements appeared highly improbable when analyzed in light of the site plan and the location of the vehicles involved in the accident. The defense's argument, supported by independent witnesses who were passengers on the bus, suggested that the deceased scooter driver had turned abruptly without signaling, making it impossible for the accused to avoid the collision.

The court emphasized the duty to analyze the testimonies of both prosecution and defense witnesses on equal parameters to assess their truthfulness. In this case, the defense's version was found to be highly probable and supported by reliable witnesses, leading to the acquittal of Ginder Singh.

This verdict highlights the importance of considering the defense's perspective and ensuring the principle of "innocent until proven guilty." The court's decision to grant the benefit of doubt to the accused showcases the judiciary's commitment to upholding fairness and justice.

It is noteworthy that no specific cases were referred to in the judgment, indicating that the decision was based on the evaluation of the evidence and testimonies presented in this particular case.

The acquittal of Ginder Singh in this hit-and-run case serves as a reminder of the critical role played by the courts in ensuring a fair and just legal system, where every individual is given a fair chance to present their defense and benefit from the presumption of innocence until proven guilty.

Decided on: 10.05.2023

Ginder Singh - vs State of Punjab 

Similar News