STATE OF DELHI Vs. MAMTA SEHGAL

JUDGEMENT

(1.) Appeal under Sec. 378(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') has been filed by the State to challenge the Judgment dtd. 21/11/2019 whereby the learned M.M. has acquitted the Respondent No.1/Mamta Sehgal under Sec. 279/338 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') in case FIR No.203/2016 under Sec. 279/338 IPC and Sec. 146/196 Motor Vehicle Act, 1988 (hereinafter referred to as 'M.V. Act') Police Station Mianwali Nagar, New Delhi but convicted the Respondent No.1/Mamta Sehgal under Sec. 146/196 M.V. Act. Learned M.M. also convicted the Respondent No.2/Mukesh Pal under Sec. 146/196 M.V. Act, on his admission of guilt.

(2.) Briefly stated, the case of the Prosecution is that on 21/4/2016 at about 12:00 noon while the Complainant, Surender Bahadur Tiwari was coming back on his Cycle from Keshopur Mandi and was going towards Rohini, on the Peeragarhi Flyover, he was hit by the Car driven by Respondent No.1/Accused, Mamta Sehgal in a rash and negligent manner, because of which he fell and suffered grievous injuries. The Respondent No.1 subsequently fled from the spot.

(3.) Public collected and gave the registration number of the Offending Vehicle on a Visiting Card to the Complainant. The PCR arrived and took the injured to the hospital, where his MLC was prepared. He gave his written Complaint after two days of incident, on 23/4/2016 on which impugned FIR No.203/2016 under Sec. 279/338 IPC and Sec. 146/196 M.V. Act was registered.