Mumbai: Driver acquitted of running over teenager crossing the road at Marine Drive

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The Additional Chief Metropolitan Magistrate recently acquitted a man who knocked down a pedestrian who was crossing the road at Marine Drive.

The 19-year-old student from Dharavi who had gone to Marine Drive with friends had died after the accident in 2017. The Magistrate observed that a pedestrian must be careful while crossing a road. If a person suddenly crosses a road in haste and an accident takes place, the driver of a vehicle cannot be held responsible for it.

The incident occurred on December 23, 2017 around 11.35 am in front of Balbhavan, NS Road, Marine Drive. A car hit Mohammed Nizam Manjur Sheikh. Sheikh was rushed to JJ Hospital by the driver, as he suffered major injuries to his head, forehead and legs. He succumbed to the injuries in the hospital the next day.

The Marine Drive police had booked Selvakumar Kanakraj Nadar, 32, for rash and negligent driving and arrested him. A charge sheet was filed against him. During trial, Mohammed Ali Imam and Mohammed Ali Raja, friends of Sheikh and witnesses to the incident informed court that they intended to visit Nariman Point and hence were at Marine Drive.

No traffic signal, crossing

The court observed that the deceased and witnesses tried to cross the road at a place where there was neither a traffic signal nor a zebra crossing. The court observed that it appeared firstly, that Sheikh crossed one side of the road when vehicles were plying, and then stayed in the middle i.e. on the divider. Thereafter, Sheikh started to cross the other lane of the road. He was in two minds and began to cross where there was neither a traffic signal nor zebra crossing. Therefore, it became impossible for the accused to avoid the accident.

"If a person suddenly crosses a road in haste and an accident occurs, in such circumstances, the driver of a vehicle cannot be held responsible for the accident," said Additional Chief Metropolitan Magistrate of 3rd court, Esplanade, GP Bawaskar.

Nadar was acquitted of the charges against him ­ - rash driving), voluntarily causing grievous hurt and causing death by negligence. He was told to furnish a personal bond of Rs 15,000.