Capital Delhi A heart-wrenching incident has come to the fore on New Year’s celebrations. Five boys in a car dragged a girl for 13 kilometers in their car, after which she died. The police found the dead body of the girl in naked condition. The incident took place on Saturday night at 3 o’clock. Taking action, the police have taken 5 boys into custody and recovered the car.
Police say, the accused boys were drunk and Murthal Sonepat was returning home from Sonepat to Mangolpuri. At the same time, the girl returning home from scooty met with an accident. The girl got trapped under the car and several other accused dragged her for 13 kms.
What action will be taken against the accused in such cases, will the accused be saved due to drunk and drive, will a case of culpable homicide be registered? Supreme Court Advocate Satyendra Kumar And Vishal Kumar Know the answers to these questions from…
Question-1: Will all the five accused be saved due to the Drunk and Drive case?
answer: Sections 299 and 304A of IPC apply in this case. In section 304A, a case of death penalty is made by negligence. This section is directly applicable to hit and run cases, which result in the death of the victim. Under Section 304A of the IPC, there is a provision of imprisonment up to 2 years, while in Section 304, punishment is given for culpable homicide not amounting to murder.The punishment is either imprisonment for life, or imprisonment of either description for a term which may extend to 10 years. Apart from this, fine will also be imposed.
If this case turns out to be just an accident then it is the fault of the negligent driver and not the other boys traveling in the car. Whereas, in this case, as per the Motor Vehicles Act, 1988, the driver neither stopped the car nor informed the police about the accident, nor did he take the victim to the hospital for treatment. Under Section 134 (A) of this Act, the driver should have got the injured treated. On the other hand, under Section 134 (b) of the Act, a police officer should have given more information about it as soon as possible.
In the incident that happened in Delhi, all the accused were sitting in the car. The motives of all the 5 accused sitting in the car show that no one took any step to save the life of the victim, even though the accident had happened, but they decided to run away. Didn’t care about the victim. This clearly states their intention and for which IPC Section – 34 clearly says that when the intention of the accused is to abet the offence, then every accused is held responsible for the same. Therefore, in this case all the 5 accused Will be responsible.
Question-2: At least for how many days the accused will not get bail?
answer: If the accused are prosecuted only under section 304A of IPC then all of them will easily get bail as it is a bailable offence. However, if he is also prosecuted under section 304, which deals with culpable homicide not amounting to murder, then bail will not be easy as he will have to prove to the judge that he did not lie to get bail. Have not.
Question-3: Will the accused be released soon due to the case of culpable homicide not amounting to murder?
answer: This is not a case where the accused were intoxicated against their will and could not understand what they were doing. The accused cannot be absolved of the crime even assuming that at the time of the victim’s death, all had voluntarily consumed alcohol and lost their control. If the police and the prosecution take up the case effectively and the accused is tried for culpable homicide not amounting to murder under sections 299 and 304 A, it will not be easy because these people drag the dead body of the victim for many kilometers at will. They went. Instead of informing the police and taking her to the hospital for treatment, dragging the victim several kilometers speaks volumes about their criminal intent.
Question-4: What is the provision of punishment for having an accident?
answer: The punishment for accident is given under section 304A of IPC which is imprisonment up to 2 years or fine or both.
Question-5: If the youth had not consumed alcohol, would he have been punished more if proved guilty?
answer: If the accused were not intoxicated, it would be easier for the prosecution to prove that they deliberately dragged the body instead of providing medical treatment to the victim and could easily be punished for culpable homicide not amounting to murder.
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