Mumbai: Court acquits man of rash driving, says pedestrians should use zebra crossing

Photo for representational purpose

A court in Mumbai has acquitted a man of the charges of rash driving and causing death by negligence in a case involving a 60-year-old woman, who died allegedly after being hit by his motorcycle while she was trying to cross a highway in 2017.

The court observed that pedestrians are not supposed to cross highways unless there is a zebra crossing sign.

A magistrate court acquitted Hemant Hatkar of the charges on August 28, but the detailed order was made available on Wednesday.

The prosecution said that the victim, Mudrika Kamble, died after being hit by Hatkar, who was going on his two-wheeler. She was trying to cross the Eastern Express

Highway near suburban Chembur in Mumbai when the mishap occurred.

Also read: Mumbai: Man dies after auto-rickshaw overturns on Western Express Highway

Metropolitan magistrate S S Parave acquitted Hatkar saying that the prosecution did not place on record any evidence to show that the victim died after being hit by his vehicle. The prosecution has also not placed on record any material to show that the accused was linked to the offence, he said.

The court said that the spot panchnama shows that the incident took place on the Eastern Express Highway that goes towards Mumbai. From the spot of the incident, there was a footpath at a distance of 35 feet towards the eastern side and there was also a road divider at a distance of 15 feet.

It means the incident occurred in the middle of the road when the deceased was trying to cross it, the court said.

"It is common knowledge that pedestrians are not supposed to cross the Eastern Express Highway unless there is zebra crossing. There is nothing on record which makes clear that at the spot of incident there was a zebra crossing sign," the court said.

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