Identification Of Driver Beyond Reasonable Doubt Is Essential For Conviction In Road Accident Cases: HP High Court

The Himachal Pradesh High Court has held that conviction in a road accident case cannot be sustained unless the prosecution establishes beyond a reasonable doubt that the accused was the driver of the vehicle.Justice Rakesh Kainthla observed that: “Both the learned Courts below failed to appreciate that the identity of the accused and the car were not established”.In December 2024, the informant and her brother were returning from Dhalli. The informant alleged that a Santro car came from the opposite direction, overtook a Himachal Road Transport Corporation bus at high speed and hit the informant's son, causing him grievous injuries.After examination by the doctor, the police filed a challan against the petitioner under Section 279 IPC (rash and negligent driving), Section 337 IPC (causing hurt by rash or negligent act), Section 338 IPC (causing grievous hurt by rash or negligent act), and Section 201 IPC (causing disappearance of evidence or giving false information).Thereafter, the petitioner was convicted by the trial court. Aggrieved, the petitioner approached the High Court, contending that there was no evidence to show that the accused was driving the vehicle or that his vehicle was involved in the accident.In response, the State contended that the accused did not appear on the date when he was required for a personal appearance, so he could not later dispute his identity. The Court observed that the initial police entry and the informant's statement did not contain the registration number or reliable identifying details of the car.Further, the temporary registration certificate recorded the vehicle's colour as forest dew, while the informant described it as violet, creating inconsistency. The Court noted that even the injured admitted that he had heard the driver's name for the first time from his sister. Hence, his testimony regarding the identity of the accused is hearsay and inadmissible. The investigating officer also failed to explain how he determined the identity of the driver or the vehicle.Thus, the Court concluded that the identity of the driver and the car had not been established through credible evidence. Case Name: Manoj Chauhan v/s State of Himachal and othersCase No.: Cr.Revision No. 326 of 2014Date of Decision: 23.09.2025For the Petitioner : Mr. B.S.Chauhan, Senior Advocate with Ms. Aditi Rana,Advocate.For the respondent : Ms. Sunaina, Deputy Advocate General.Click Here To Read/Download Order

Identification Of Driver Beyond Reasonable Doubt Is Essential For Conviction In Road Accident Cases: HP High Court

Mehak Aggarwal

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