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Questions and Answers
What was the accused convicted of under the Indian Penal Code?
What was the accused convicted of under the Indian Penal Code?
- Section 304-B for causing the death of a child
- Section 307 for attempted murder
- Section 304-A for driving a bus rashly and negligently causing the death of a child (correct)
- Section 306 for abetting suicide
How many witnesses did the prosecution rely on in their case against the accused?
How many witnesses did the prosecution rely on in their case against the accused?
- 11 witnesses and exhibits P1 to P11 (correct)
- 10 witnesses and exhibits P1 to P10
- 13 witnesses and exhibits P1 to P13
- 12 witnesses and exhibits P1 to P12
What was the decision of the high court in the accused's appeal?
What was the decision of the high court in the accused's appeal?
- The accused was acquitted of all charges. (correct)
- The high court ordered a retrial of the case
- The accused was found guilty and sentenced to one year of rigorous imprisonment and a fine of Rs. 4,000.
- The accused was found guilty but the sentence was reduced to six months of rigorous imprisonment and a fine of Rs. 4,000.
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Study Notes
- The accused was convicted under section 304-A of the Indian Penal Code for driving a bus rashly and negligently and causing the death of a child.
- The prosecution's case relied on the testimony of 11 witnesses and exhibits P1 to P11.
- The accused pleaded not guilty and did not explain how the accident took place.
- The trial court convicted the accused and sentenced him to one year of rigorous imprisonment and a fine of Rs. 4,000.
- The first appellate court reduced the sentence to six months but maintained the fine and default stipulation.
- The accused appealed to the high court, claiming that the evidence did not establish that he was driving the vehicle involved in the accident or that he was driving it rashly or negligently.
- The prosecution's case relied on the testimony of three eyewitnesses, but their evidence was contradictory and unsatisfactory.
- The high court set aside the conviction and allowed the appeal.
- The accused was acquitted of all charges.
- The case highlights the importance of reliable eyewitness testimony and the need for a high standard of proof in criminal cases.
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