The court observed that the evidence on record did not reflect rash and negligent driving.

Mumbai: If you cross a road at a point where there is no zebra crossing or a signal and get run over, the driver cannot be blamed for negligence. A magistrate court recently acquitted a youth, Vishal Walmiki (26), on charges of negligence and rash driving after it found that the boy he ran over was attempting to cross the busy road outside the NSCI at Haji Ali in the absence of a zebra crossing or a signal.

"Admittedly, the boy was crossing the road not from the zebra crossing. Admittedly, there was also no signal pole at the place of accident. Under such circumstances, it cannot be said that there was fault or negligence of the accused," the court said.

The matter went to trial before the court in March 2013. The prosecution told the court that the incident took place on the evening of October 23, 2012. According to the main witness -the child's brother-the siblings along with their younger sister were out to buy groceries for the family. He further said that while they attempted to cross the road, the vehicle slammed into his brother.

The witness said that the child became unconscious. He also recalled that the driver stopped at a distance and hence, he got a view of the offending vehicle. The brother said that the police vehicle arrived at the spot and the victim was taken to Nair Hospital. However, he succumbed to his injuries the following day.

Referring to the evidence brought on record in the cross-examination of the brother, the court pointed out that he had admitted that the road had heavy traffic and despite the constant flow of vehicles, his brother was in a hurry. The court further said that the witness also admitted that the accident had taken place due to negligence on the part of his brother. The court also took into consideration the admissions made by the brother and two other witnesses who deposed about the absence of the zebra crossing or signal at the spot.

The court observed that the evidence on record did not reflect rash and negligent driving. "For that purpose specific cogent evidence is must but, prosecution has failed to bring cogent evidence. In such circumstances, accused deserves acquittal," the court said.

