In 2014, a 47-year-old man was sentenced to one year in jail for reckless driving that caused the death of a sub-inspector. The court acquitted the accused of the more severe charge of culpable homicide not amounting to murder. It fails to prove that the accused was under the influence of alcohol at the time of the incident.
On 31 August 2014, Sub-Inspector Rajaram Desai and a police constable were on their way home on a motorcycle towards Mulund after finishing their patrol duty. Around 1.30 am, a speeding car hit their bike near Chembur. Desai died while the two officers were being taken to the hospital with head injuries. The police arrested Mitesh
Modi has claimed that he was driving under the influence of alcohol during the incident.
Modi, in his defence, claimed that he was only present at the scene, watching what happened, but was arrested by the police.
The prosecution relied on the testimony of the medical officer that she had seen the accused intoxicated. However, the accused said that the sample was not sent to the forensic science laboratory as per the procedure.
In the order given on December 17, the court agreed with the accused’s contention that the sample was not sent as per the procedure.
‘The incident happened 10 years ago. It seems that the accused did not commit any such crime during this period. Therefore, in my opinion, having regard to the nature of the offence, the age and background of the accused and his conduct during the trial; Justice will end if the following punishment is imposed,’ the court sentenced the accused to one year in prison.
The sentence was suspended to give the accused time to appeal.
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