Mumbai, September 2: A 30-year-old bike was acquitted in a case of rash driving in which a 60-year-old woman died as a Magistrate Court in Mumbai observed that the deceased was not using zebra crossing. Acquitting biker Hemant Hatkar accused of killing Mudrika Kamble while she attempted to cross the road in 2017, the court said pedestrians are not supposed to cross the Eastern Express Highway unless there is a zebra crossing. Presence of Condom Does Not Indicate Consensual Sex, Says Mumbai Court During Bail Hearing of Rape Accused.
"From the spot of incident at the distance of 35 feets towards Eastern side there was a footpath. From the spot of incident the road divider as at the distance of 15 feet. That it means the incident was took place in the middle of road when deceased Mudrika Kamble was trying to cross the road. It is question of common knowledge that pedestrians are not supposed to cross eastern express highway unless there is zebra crossing," Magistrate SS Parave was quoted as saying. Forcible Sex With Wife Cannot Be Considered Illegal, Says Mumbai Court; Grants Pre-Arrest Bail to Accused Husband.
The incident took place on August 10. Mudruka Kamble was crossing the Eastern Express Highway near Chembur Central Gate in Kamraj Nagar when she was hit by a biker. She was taken to a hospital, but she succumbed to her injuries. Initially, the case was registered against an unknown person. The accused was later identified as Hemant Hatkar who rammed his Honda Activa into Kamble.
Hatkar was booked under Sections 279 (rash and negligent act), 304(A) (causing death by negligence) of the Indian Penal Code and for the offence punishable under Section 134(a)(b) of the Motor Vehicle Act. The court noted that the prosecution failed to prove that the accused was involved in rash driving at the time of the incident.
"In the circumstance, it is clear that prosecution has failed to establish that accused drove his motor vehicle on a public road in rash and negligent manner endangering human life or personal safety of others and thereby caused death of Mudrika Kamble and also failed to provide her medical assistance and to report the matter to the nearest police station," the Magistrate said.