A magistrate court has sentenced a 33-year-old woman to three months of simple imprisonment for rashly driving her Honda City car, resulting in the death of a biker in May 2010.
What exactly happened?
The victim, Mandar Sawant, and his wife Rashmi Sawant were returning from a temple visit near Vile Parle on their Bullet around 10am and were near their home. They were passing by a residential society when the Sedan driven by Zankruti Parikh came out of the society suddenly and hit their bike.
The couple fell from the two-wheeler and fell unconscious. Mr Sawant died that night during treatment for ‘brain haemorrhage’. His wife, who had sustained injuries to her face and ribs, later regained consciousness and lodged a complaint against Ms Parikh.
Duty of the accused to drive on moderate speed: Court
Appearing before the court, Ms Sawant said that Ms Parikh was speeding and could not stop the car on noticing them. Metropolitan Magistrate CP Kashid said in the judgment, “It was the duty of the accused to drive at a moderate speed by taking care of others and the vehicles which are passing by.” He added that from the testimony of the witness, it appears she didn’t take any care and drove her car in a rash and negligent manner, causing the death of the complainant’s husband.
The court found her guilty of the offence under section 279 (rash driving) and section 304-A (causing death by negligence) under the Indian Penal Code.
Court imposes ₹ 10,000 fine
Magistrate Kashid imposed a total fine of ₹ 10,000 on the woman, of which it directed that ₹ 8,000 be paid as compensation to the complainant.
Ms Parikh’s advocate had sought leniency for her and told the court that she is married and has no criminal antecedents. He had also submitted that it was her first offence and requested that she be extended the benefit of the Probation of Offenders Act, by which first-time young offenders are let off on a bond of good behaviour instead of sentencing. The court said on this that considering the gravity of the offence she is not entitled to the benefit of the Act.