A Delhi Court convicted a man for driving a car in a rash and negligent manner while talking on the phone, and dragging a traffic police officer on the bonnet after being signalled to stop for checking.
Principal District and Sessions Judge Dharmesh Sharma said he has no hesitation in holding the convict, Pushp Aggarwal, guilty of rash driving, assault, causing hurt to a public servant and voluntarily obstructing him in the discharge of public functions.
The Judge, however, said that even though the offence of driving a vehicle was dangerous and unconscionable, it cannot be said that Aggarwal had any intention to cause life-threatening injuries to Constable Rupesh Kumar, and acquitted him for the offence of attempting to commit culpable homicide.
The District Judge further noted that no fracture was sustained by the police officer and he was admitted to the hospital with symptoms of pain in his right ankle and left knee.
During the trial, the convict claimed that he did not stop the car as he got perplexed that he might be beaten up by police officials and later added that he was carrying money and apprehended that he might be robbed of the same.
The traffic police constable, in his testimony, stated that Aggarwal was driving the car in a rash and negligent manner with tinted glass while talking to someone on his mobile phone.
He was signalled to stop the car. It is further in the testimony of Rupesh Kumar that the accused initially slowed down the vehicle and then all of a sudden accelerated the speed of his car, as a consequence thereof, he was hit and fell on the bonnet of the car and held on to the wipers in order to save himself from falling down repeatedly shouting at the accused to stop the car, the cop said in the testimony, according to the Court order.
The Court further noted that the testimony of the prosecution witness is uncontroverted and unimpeded to the effect that the accused turned his car towards Naraina Road from the side of Patel Road and stopped the car after driving for about 2 km and that then he fled away from the spot.
During the investigation, one public witness named Robin also came forward and claimed that he had witnessed the incident and captured the entire sequence on his phone.
With PTI Inputs