COURT: PILLION RIDER CANNOT BE BOOKED FOR RASH DRIVING

MUMBAI: The Bombay high court (HC) ruled that a pillion rider cannot be booked for rash and negligent driving if the bike meets with an accident.

A bench of justice AM Badar discharged Justin John Lawrence — who was riding pillion on a bike that ran over an old lady in Vasai in on July 15, 2012 — for causing death by rash and negligent act not amounting to culpable homicide (section 304 of the Indian Penal Code) on the grounds that there was no material in the charge sheet to prove the charge.

The judge said he had perused the entire charge sheet but did not find any material indicating that Lawrence shared “common intention” with the motorcycle rider, John Alexander Fernandis, of “committing culpable homicide”. “Hence, for want of evidence incriminating the applicant/accused no 2 for the offence punishable under section 304 of the IPC, the charge for the offence against him cannot be sustained,” said the judge.

The accident took place when Fernandis, who was riding with Lawrence and another rider, ran over Tina Edward Misckita. The police booked all the three riders and filed a charge sheet against them. Lawrence approached HC after the trial court refused to discharge him. His lawyer advocate Wesley Menezes argued that Lawrence was a pillion rider and cannot be charged under the sections. Additional public prosecutor SV Gavand opposed the plea, contending the trial court had rightly framed the charge.