NO CHARGES FILED AGAINST IGPs SON

PANJIM: The director of prosecution (DoP) has suggested to the police not to file chargesheet against the former IGP's son as there is no evidence of rash and negligent driving of vehicle by the accused.

Based on the DoP's report, police have not filed the chargesheet, thus ensuring that IGP KD Singh's (now retired) son Siddharth who got behind the wheels of his father's brand new Toyota Innova official car on December 4, 2009 and met with an accident goes scot-free. Vasco police had registered a case against Siddharth under section 279 and 337 of IPC.

When the Vasco police sought DoP Shobha Dhumaskar's opinion to know whether the case was fit for filing the chargesheet under Sections 279 and 337 of IPC, she opined, "I am of the opinion that there is no evidence of rash and negligent driving of vehicle by the accused and hence it will be difficult for the Prosecution to prove Section 279 IPC in the present case. Further, Section 337 IPC is invoked, when the hurt is caused in consequences of rash and negligent act by the accused, the Prosecution will not be able to prove the said charge in the absence of rash and negligent driving. Under above circumstance, I do not suggest filing of the chargesheet in the matter under Sections 279, 337 IPC."

"No charge-sheet has been filed in the case and the vehicle is yet to be repaired," a senior police official confirmed.

Exposing the loopholes in the investigation, the DoP has said in her report that the police have brought no evidence on record as to what speed the accused was driving the vehicle, the road being a national highway. Also DoP noted that "no investigation is seen to be carried out to find out whether there was any on-coming speedy truck proceeding from opposite direction as stated by the witnesses and if found correct, then in order to avoid major accident and to save the life of the occupants of the vehicle, the accused had no other alternative but to take the vehicle to his left and the said act cannot be termed as rash and negligent act".

The director of prosecution suggested to the police that they don't charge the son of a former IGP who was involved in a car crash as there's no evidence of rash and negligent driving.

DoP observed that in the present case if one goes through the scene of offence panchanama and the sketch, only what could be gathered is that the road at the accident place was 30 meters wide with a sharp ascending curve proceeding from Cortalim to Chicalim, which was a national highway – 17-A.

The information, which was given to social activist Aires Rodrigues under the Right to Information Act, further reveals that though the number and the make of the vehicle involved in the accident is not shown in the sketch, it was an Innova vehicle with registration number GA-07-G-0063 that was proceeding from Cortalim to Chicalim.

"With the above facts on record, if we examine the matter along with the provisions of law, it is seen that the said vehicle was on the left hand side which is the correct side of the driver while proceeding from Cortalim to Chicalim. However, the said car had gone to the extreme left and therefore the question that arises is whether the driver of the vehicle was rash and negligent in driving/ taking the car in the extreme left", DoP observed.

But DoP noted that from the statement of witnesses on record, there is nothing on record to show that the accused lost control or that he was rash or negligent in driving the vehicle at the time of accident.

"In the present case, the eye witnesses being the occupants of the vehicle met with an accident and who had gone along with the accused, being the friends of the accused, there is every possibility of their telling the story favourable to the accused and therefore it becomes necessary to examine, the other circumstantial evidence on the scene or medical report issued by the Doctor in respect of the examination of the accused", the DoP noted.

Also DoP observed that the scene of offence panchanama and the sketch though speaks of two poles, one damaged by the accident, there is nothing on record as to the age or the condition of the said poles prior to the accident or the damages sustained after the accident. "The same was essential to ascertain the impact of force with which the car was dashed", DoP noted.

DoP further observed that the accused, though was examined by the doctor, immediately after the accident, there is nothing on record to show that the said accused was under the influence of alcohol, which is one of the possibilities in such accidents.

"Merely because the vehicle has met with an accident and has suffered heavy damages does not mean that the accused was rash and negligent in driving," DoP added in her opinion submitted to the police early this year. (TOI)