A two-year sentence of a driver convicted in a drink and drive case was quashed by the sessions court (delhi court).
A two-year sentence of a driver convicted in a drink and drive case was quashed by the sessions court (delhi court). The court while hearing in this case said that driving drunk (driving) is not a crime, but a drunk driver driving more than the prescribed quantity is sentenced to jail. The sessions court said that the lower court, while passing judgment in this case, has ignored many legal aspects.
The court of Additional Sessions Judge Praveen Singh, based in Patiala House, hearing the case, said that the Metropolitan Magistrate Court had held the driver responsible for hitting and negligently causing death to a person driving a car in a drunken state.
“Law has its scope in any criminal case”
The sessions court said that it is indeed true that a person lost his life due to this accident. His family suffered heavy mental and physical harm. But in any criminal case, the law has its scope. To prove the crime of judicial authority, it is the responsibility to consider the evidence which is not fulfilling in this case. The benefit of this is being given in this case and the culprit is being acquitted.
The sessions court said that in this case, the lower court assumed on the basis of imagination that the accused was driving in a drunken state. So his car was speeding and he hit. While the medical report of the accused did not see how much amount of drug was in the body of the accused.
It is not illegal to drink and drive within the limit
The sessions court, while hearing the case, mentioned the alcohol content in its order, stating that if a person was found to have up to 30mg / 100ml alcohol in his blood, he was believed to be in a position to control the vehicle. . But if more than this is found, then it is believed that he was not in his senses and he killed himself by careless. While it is not considered necessary to get the blood of the accused examined in this case. In the medical report, it was said that the accused was drunk. The court said that no person can be sentenced on the basis of concept. The incident took place on 11 July 2007 in Connaught Place area.