State vs Anil Kumar Singh on 18 April, 2026

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    Delhi District Court

    State vs Anil Kumar Singh on 18 April, 2026

                       IN THE COURT OF JMFC-05,
                   WEST, TIS HAZARI COURTS, DELHI
                  Presided over by- Sh. Ankur Panghal, DJS
    
    Cr. Case No. -: 3293/2018
    CNR No. -: DLWT020064042018
    FIR No. -: 258/2017
    Police Station -: Anand Parbat
    Section(s) -: 279 IPC & 185 MV Act
    
    In the matter of -
    STATE
                                      VS.
    ANIL KUMAR SINGH
    S/o Sh. Dev Nandan Singh
    R/o G-147/5, Gyatri Colony,
    Punjabi Basti, Baljeet Nagar,
    Anand Parbat, Delhi.
    Permanent Address: Village Mundera Bugurg,
    PO Sonu Gath, District Deoria, Uttar Pradesh.
                                               .... Accused Person
    
    1.     Name of Complainant          :- Sunil
    2.     Name         of   Accused :- Anil Kumar Singh
           Person
    3.     Offence complained of :- 279 IPC & 185 MV Act
           or proved
    4.     Plea of accused person       :- Not Guilty
    5.     Date of Commission of :- 06.08.2017
           offence
    6.     Date of Filing of case       :- 11.05.2018
    7.     Date of Reserving Order :- 10.02.2026
    8.     Date of Pronouncement        :- 18.04.2026
    9.     Final Order                  :- Acquitted U/s 185 MV Act
                                             Convicted U/s 279 IPC
                                                                       Digitally signed by
                                                             ANKUR     ANKUR PANGHAL
    
                                                             PANGHAL   Date: 2026.04.18
                                                                       14:12:47 +0530
    
    
    Cr. Case No. 3293/2018     State vs. Anil Kumar Singh     Page 1 of 29
     Argued by -:       Ms. Arunima Goel, Ld. APP for the State.
                       Ms. Suman Satyarthy, Ld. Counsel for the
                       accused.
                                 JUDGMENT
    

    BRIEF STATEMENT OF REASONS FOR THE DECISION

    FACTUAL MATRIX

    SPONSORED

    1. Briefly stated, the case of the prosecution against the
    accused is that on 06.08.2015, at about 6:00 PM, the complainant
    namely Sunil had parked his motorcycle bearing No. DL-1S-
    AB-0238 (Splendor) in front of his house and at about 8:30 AM,
    he saw that the driver of a small dumper bearing No.
    DL-1LP-7551, while driving his dumper in a very rash and
    negligent manner, struck his above-mentioned motorcycle, as a
    result of which his motorcycle bearing No. DL-1S-AB-0238 got
    damaged. It is further alleged that upon checking the motorcycle,
    the handle, rear-side crash guard, and leg guard were found
    damaged and the complainant immediately stopped the dumper
    vehicle and apprehended the dumper driver, whose name
    ascertained later on inquiry was found to be Anil Kumar and he
    was handed over along with the said dumper to the police. It is
    further case of prosecution at the above-mentioned time and
    place the accused was in a drunker state. As such, it is alleged
    that the accused committed the offence punishable under section
    279
    of the Indian Penal Code, 1860 (hereinafter, “IPC“) and 185
    of the Motor Vehicles Act, 1988 (hereinafter, “MV Act“), for
    which an FIR No. 258/2017 was registered at Police Station
    Anand Parbat.

    Digitally signed

    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:12:56 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 2 of 29
    INVESTIGAION AND APPEARANCE OF ACCUSED

    2. After registration of FIR, the investigating officer
    (hereinafter ‘IO’) conducted investigation and on culmination of
    the same, chargesheet against the present accused was filed.
    After taking cognizance of the offence, the accused was
    summoned to face trial. The accused appeared in court and he
    was supplied the copies of documents relied upon in the charge
    sheet in terms of section 207 of the Code of Criminal Procedure,
    1973 (hereinafter, “Cr.P.C“).

    3. On a finding a prima facie case against the accused
    Anil Kumar Singh, a charge was framed for the offences
    punishable U/s 279 IPC & 185 MV Act against the accused on
    12.07.2019. The accused pleaded not guilty and claimed trial.

    PROSECUTION EVIDENCE

    4. During the trial, prosecution led the following oral
    and documentary evidence against the accused person to
    prove its case beyond reasonable doubt: –

    ORAL EVIDENCE

    PW1 :- Arvinder Singh (Mechanical Expert)
    PW2 :- Jatin Lamba (Registered owner of vehicle
    bearing no. DL1LP-7551)
    PW3 :- Sunil (Complainant)
    PW4 :- HC Dhirender (Accompanied IO at the
    spot)
    PW5 :- Kalu (Eye Witness)
    PW6 :- Retd. SI Om Prakash (IO)

    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:13:01 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 3 of 29
    DOCUMENTARY EVIDENCE

    Ex. PW1/A :- Mechanical inspection reports of vehicles
    & Ex. bearing no. DL1LP-7551 and
    PW1/B DL1SAB-0238
    Ex.PW2/A :- Reply of PW2/Jatin Lamba of the notice
    U/s 133 MV Act
    Ex. PW 2/B :- Superdarinama of vehicle no. DL1LP-7551

    Ex. P1 – P4 :- Four Photographs of vehicle bearing no.

    DL1LP-7551
    Ex. PW3/A :- Complaint filed by complainant
    Ex. PW3/B :- Seizure memo of motorcycle of
    complainant
    Ex. PW3/C :- Arrest memo of accused
    Ex. PW3/D :- Personal search memo of accused
    Ex. P-5 :- Five photographs of motorcycle
    (Colly)
    Ex. PW4/A :- Seizure memo of vehicle no. DL1LP-7551
    Ex. PW4/B :- Seizure memo of documents of the vehicle
    & Ex.

    PW4/C
    Ex. PW4/D          :-    Seizure memo of DL of accused
    Ex. PW6/A          :-    Rukka
    Ex. PW6/B          :-    Site Plan
    
    
            ADMITTED DOCUMENTS (under S. 294 CrPC)
    
    Ex. AD-1          :-     FIR along with certificate U/s 65 B of the
                             Indian Evidence Act, 1872
    Ex. AD-2          :-     Endorsement on rukka
    Ex. AD-3          :-     DD No. 18 B dated 06.08.2017
    
    
    

    5. During the course of trial PW-1 Sh. Arvinder Singh
    was examined on 24.12.2019. In his examination in chief, he has
    stated that he is qualified Grade Mechanic and he has done
    specialized courses in automobile and vehicle mechanic from ITI
    in Auto Mobile and various vehicles manufacturing companies. ANKUR
    Digitally signed by
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:13:09 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 4 of 29
    He further deposed that till today he has mechanically inspected
    more than 6-7 thousand vehicles. PW1 further deposed that on
    09.08.2017, he mechanically inspected two vehicles No.
    DLILP-7551 (Tata truck) and motorcycle (Splendor) No.
    DLISAB-0238 at the request of ASI Om Prakash from PS Anand
    Parbat and his detailed mechanical inspection reports in this
    regard are Ex.PWI/A and Ex.PW1/B. PW1 further deposed that
    as per his inspection report, the Tata truck was fit for road test
    but the motorcycle was/not lit for road test.

    5.1. PW-1 was cross-examined by the Ld. Counsel
    for the accused and he deposed that he had mechanically
    inspected the above said vehicles in the premises of PS Anand
    Parbat and it was around 05-06 PM, when he conducted the
    mechanical inspection.

    6. PW-2/Sh. Jatin Lamba was examined-in-chief on
    24.12.2019 and he stated on oath that he is the registered owner
    of vehicle No. DLILP-7551. He further deposed that in the
    month of August 2017; he went to PS Anand Parbat and police
    official served him a notice u/s 133 MV Act and he filed his
    reply on the same Ex.PW2/A. PW2 further deposed that he also
    stood surety for the bail of accused. PW2 further deposed that
    later on, he got the abovesaid vehicle released on superdari from
    the Court vide superdarinama Ex.PW2/B and he has identified
    the vehicle no. DLILP-7551 from four photographs shown to him
    which are Ex. P-1 to P-4.

    6.1. PW-2 was cross-examined by the Ld. Counsel
    for the accused and he deposed that accused is known to his
    father but he does not know him personally. He further deposed Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:13:16 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 5 of 29
    that as far as he can remember, accused was hired by them
    around 6-7 months prior to the date of incident and this was the
    first the incident committed by the accused. PW2 further deposed
    that accused was fired from the service after this incident. He
    further deposed that there was not so much damage on both the
    vehicles i.e. motorcycle and abovesaid truck.

    7. PW-3/Sh. Sunil was examined in chief on
    24.12.2019 and he stated on oath that on 06.08.2017 at about
    6:00 P.M., he had parked his motorcycle bearing registration No.
    DLISAB-0238 outside his house and at around 8:30 P.M., he
    came outside his house and saw that one dumper bearing No.
    DLILP-7551 came in a very high speed and hit his motorcycle.
    PW3 further deposed that the driver of the said dumper was
    driving the abovesaid truck in zigzag manner and due to the
    hitting from the dumper, his motorcycle got damaged. He further
    deposed that thereafter, he asked the driver i.e., accused to stop
    the dumper and the accused reversed the abovesaid dumper in a
    high speed and thereafter, accelerated the dumper and ran away
    from there. PW3 further deposed that accused was heavily drunk
    at that time and thereafter, he chased the accused till his house.
    PW3 further deposed that he requested accused to get repair his
    abovesaid motorcycle but accused refused to do so and
    thereafter, I returned back to his house. PW3 further deposed that
    thereafter, he called at number 100 and police officials came at
    his house and he apprised all the facts to police officials. PW3
    further deposed that thereafter, he along with police officials
    went to the house of accused and the police officials lifted the
    abovesaid truck from the house of accused. He further deposed
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:13:22 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 6 of 29
    that his vehicle was also taken to police station by the police
    officials and he filed a complaint Ex.PW3/A. He further deposed
    that when he checked his motorcycle, he found handle, lights, leg
    guard and arm guard etc. were damaged.

    7.1. PW3 further deposed that police officials
    seized his motorcycle vide seizure memo Ex.PW3/B and
    prepared site plan at his instance. He further deposed that
    accused was called to police station and after interrogation
    accused was arrested and personally searched vide memos
    Ex.PW3/C and Ex.PW3/D. The witness correctly identified the
    accused in the court and also identified vehicle No. DLILP-7551
    from 04 photographs Ex. P-1 to P-4 as well as the motorcycle
    from 05 photographs Ex. P-5 (colly).

    7.2. PW-3 was cross-examined by the Ld. Counsel
    for the accused, and he has deposed that at the time when
    accused hit his motorcycle with the abovesaid offending vehicle,
    he was standing outside his house near his bike. PW3 admitted
    the fact that his vehicle was insured at the time of accident. He
    further deposed that he has not filed any case before the MACT
    Court. He further deposed that he had informed the Insurance
    Company about the accident of his motorcycle and he did not
    receive any amount from Insurance Company. He further
    deposed that all the expenses were borne by him in getting his
    motorcycle repaired. PW3 denied the suggestion that he had
    received amount from the insurance company. He further
    deposed that he does not know accused prior to the accident.
    PW3 further deposed that on the day of accident, accused was
    driving the offending vehicle and when he stopped the accused,
    ANKUR
    Digitally signed
    by ANKUR
    PANGHAL
    PANGHAL Date: 2026.04.18
    14:13:29 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 7 of 29
    smell of alcohol was coming out of accused. PW3 denied the
    suggestion that accused was not under the influence of alcohol at
    the time of accident. He further denied the suggestion that
    accused was falsely implicated by him in the present case or that
    accused was not driving the alleged offending vehicle in rash and
    negligent manner. PW3 also denied the suggestion that he is
    deposing falsely.

    8. PW-4/Sh. HC Dhirender Kumar was examined in
    chief on 06.02.2023 and he deposed on oath that on 06.08.2017,
    he was posted at PS Anand Parbat as Const. and on that day, he
    was on emergency duty with IO SI Om Prakash. PW4 further
    deposed that he along with IO reached at the spot i.e., F-259,
    Punjabi Basti, Baljeet Nagar where Dumper No. DLIP-7551 and
    motorcycle No. DLISAB-0238 were lying in accidental
    condition. He further deposed that the complainant produced the
    accused Anil Kumar and IO seized the both vehicles vide seizure
    memo Ex.PW3/B and Ex.PW4/A. PW4 further deposed that IO
    prepared rukka and gave to him for registration of the FIR and he
    went to PS and got registered the case and thereafter, he again
    came to the spot. PW4 further deposed that IO arrested the
    accused vide arrest memo and personal search memo Ex.PW3/C
    and Ex. PW3/D and seized the documents of the vehicle vide
    memo Ex.PW4/B and Ex.PW4/C. He further deposed that IO
    seized the DL of accused vide memo Ex.PW4/D and IO
    inspected the site at the instance of complainant and prepared site
    plan. PW4 further deposed that the injured got medically
    examined in Lady Hardinge Medical, College and his statement
    was recorded. The witness has correctly identified the motorcycle
    Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:13:36 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 8 of 29
    and dumper from the photographs, shown to him.

    8.1. PW-4 was cross-examined by the Ld. Counsel
    for the accused, and he deposed that he departed from PS to spot
    vide DD No. 8A and they reached at the spot at about 9:00 AM.
    PW4 further deposed that he took rukka at about 10:00 AM and
    returned at spot after 40-45 minutes. He further deposed that he
    does not remember the time of leaving the spot lastly. PW4
    denied the suggestion that he did not visit the spot in the manner
    deposed by him or that he signed the documents at the instance
    of IO at PS. PW4 further denied the suggestion that he became
    the witness in the present case at the instance of IO or that he is
    deposing falsely.

    9. PW-5/Sh. Kalu was examined in chief on
    06.06.2023 wherein he deposed on oath that on 06.08.2017,
    between 8-9 AM, he saw that accused Anil Kumar Singh was
    driving his vehicle in a rash and negligent manner had hit the
    two-wheeler make Hero Splender of one Mr. Sunil and the
    accused was under intoxicated condition at the time of incident.
    He further deposed that he can identify the vehicles, if shown to
    him.

    9.1. PW-5 was cross-examined by the Ld. Counsel
    for the accused, wherein he has deposed that he knows
    complainant Sh. Sunil Kumar as he is his neighbour and he does
    not remember the exact date, however, the accident had taken
    place on a Sunday in the year 2017 at about 08:30 AM and at the
    time of incident, he was standing outside his house and had
    himself witnessed the same. PW5 further deposed that there were
    many public persons present at the spot, however, no one agreed ANKUR
    Digitally signed by
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:13:42 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 9 of 29
    to be witness and he knows accused as the accused resides in the
    same locality, however, he does not know his exact address as
    there are several jhuggies in the area, in which the accused is
    residing. PW5 further deposed that he does not know the name of
    the accused and the accused was in drunk condition at the time of
    driving and first he moved his car in the forward direction and
    then in the back direction. He further deposed that the handle,
    tanki, gear stand and indicator of the motorcycle were damaged
    due to the accident. He further deposed that complainant Sunil
    had called police officials and police officials came in his
    presence and he and complainant did not beat the accused. PW5
    further deposed that the wife of the accused had only beaten. He
    further denied the suggestion that he along with complainant and
    wife of accused had beaten the accused. He further denied the
    suggestion that accused had suggested to compensate for the
    damage caused to the motor vehicle. PW5 further deposed that
    IO had conducted inquiry from him during investigation, as well
    as public persons, however, no one agreed. He further deposed
    that IO prepared the site plan at the spot and had apprehended the
    accused almost immediately at about 08:30 AM-09:00 AM. He
    further deposed that he did not go to PS along with the
    complainant and police officials did not call him to PS for
    investigation. He further deposed that he is a battery rickshaw
    driver and he does not drink as he stays unwell. PW5 further
    deposed that he does not have any eyesight problem. He further
    deposed that he does not remember the number of the offending
    vehicle or accident vehicle due to lapse of time. PW5 further
    deposed that the complainant did not suffer any injury due to the
    accident caused by the accused and he does not remember ANKUR
    Digitally signed by
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:13:48 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 10 of 29
    whether complainant was taken to hospital or not. PW5 denied
    the suggestion that no accident had taken place or that accused
    has been falsely implicated in the present case or that
    complainant and his motorcycle were not damaged by the
    accused in any manner. PW5 further denied the suggestion that
    the present case has been fled to extort money from the accused
    or that he did know the accused before the accident or that he is
    deposing falsely.

    10. PW-6/Retd. SI Om Prakash was examined in chief
    on 16.04.2025 and he stated on oath that on 06.08.2017, he was
    posted at PS Anand Parbat as SI and on that day, at about 08:40
    AM, he received a PCR call regarding accident. PW6 further
    deposed that thereafter, he along with Ct. Dhirender went to the
    spot i.e., F-259, Gayatri Colony, Anand where caller Sunil met
    with him and told him that his motorcycle, which was present at
    the spot, was hit by the offending vehicle. PW6 further deposed
    that Sunil had produced before him the truck driver namely Anil
    Kumar and told that Anil was driving the offending vehicle and
    thereafter, he recorded the statement of Sunil Ex.PW3/A. PW6
    further deposed that thereafter, he prepared rukka Ex.PW6/A and
    he seized both the vehicles. PW6 further deposed that the
    motorcycle was seized vide seizure memo Ex.PW3/B and he
    does not remember the registration number of the motorcycle. He
    further deposed that the truck was seized vide memo Ex.PW4/A
    and the truck number was DL1LA 7551. PW6 further deposed
    that thereafter, he sent rukka to PS through Ct. Dhirender and got
    registered the FIR. He further deposed that Ct. Dhirender
    returned to the spot along with FIR copy as well as rukka and
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

    2026.04.18
    14:13:54 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 11 of 29
    handed over the same to him and thereafter, he prepared site plan
    Ex.PW6/B at the instance of complainant. PW6 further deposed
    that thereafter, he seized RC, DL, and other documents of both
    the vehicles. He further deposed that he prepared seizure memo
    Ex.PW3/B, Ex.PW4/C and Ex.PW4/D and thereafter, he along
    with Ct. Dhirender and accused Anil went to Hospital for
    medical examination of accused. PW6 further deposed that
    medical examination of the accused was conducted and he
    returned to the PS. He further deposed that accused has produced
    a surety and thereafter, he released him on bail. PW6 further
    deposed that thereafter, he gave notice Ex. PW2/A under Section
    133
    MV Act to the owner of the truck and mechanical inspection
    of both the vehicles were conducted at his request. He further
    deposed that the truck and motorcycle were released on superdari
    at the order of Court. PW6 further deposed that he recorded the
    statement of witnesses and prepared the charge sheet and filed
    before the Court. He further deposed that he can identify the
    accused, if shown to him. The witness has correctly identified the
    motorcycle and truck from 9 photographs shown to him.

    10.1. PW6 was cross examined by Ld. APP for the
    state, after seeking permission form court, wherein he deposed
    that he cannot recall the correct number of the truck, however
    correct number of the truck is DL1LP 7551, when he was asked
    leading question in that regard. He was asked a leading question
    regarding registration number of motorcycle to which he stated
    he had written the correct number in the file; however, he could
    not recall the motorcycle number due to lapse of time. PW6
    further deposed that the motorcycle number mentioned in the file
    Digitally signed by
    ANKUR ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:14:00 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 12 of 29
    is correct. He admitted the fact that he had prepared arrest memo
    Ex.PW3/C and personal search memo Ex.PW3/D. PW6 further
    correctly identified the documents of truck as well as DL of the
    accused.

    10.2. During the course of trial PW6 was cross-

    examined by the Ld. Counsel for accused wherein he deposed
    that he had received information about DD entry from DO and he
    reached at the spot at about 08:50 AM on motorcycle. He further
    deposed that the motorcycle was lying in the accidental condition
    and its lights of the front and hammer guard were damaged. He
    further deposed that public persons were present there and one
    more person apart from the complainant was ready to give his
    statement. PW6 further deposed that he does not remember if he
    had written the statement of that person. He further deposed that
    the complainant was not injured in the present case and he had
    prepared the site plan at the spot. He further deposed that he
    cannot tell who has beaten the accused. He further deposed that
    he did not take any action and he does not know if the
    complainant had beaten the accused or not. He further deposed
    that he does not remember what injuries were sustained by
    accused Anil at his body. PW6 admitted the fact that accused had
    offered to compensate the injured and the accused was taken to
    Police Station from Hospital. He further deposed that accused
    has not given any compensation to the complainant and he had
    prepared rukka at the spot. He further deposed that he left the
    spot at about 01:30 PM. PW6 denied the suggestion that no such
    incident had happened. He further deposed that accused was
    apprehended at the spot. He denied the suggestion that he is
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date: 2026.04.18
    14:14:06 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 13 of 29
    deposing falsely or that the accused is falsely implicated in the
    present case.

    STATEMENT OF ACCUSED PERSON

    11. Thereafter, in order to allow the accused person to
    personally explain the incriminating circumstances appearing in
    evidence against him, the statement of accused was recorded
    without oath on 16.12.2025 under section 313 Cr. PC. He stated
    that he is innocent and has been falsely implicated in the present
    case. The accused submitted that he does not want to lead
    defence evidence and the same was closed.

    ARGUMENTS

    12. I have heard the Ld. APP for the state and Ld.
    counsel for the accused person at length. I have also given my
    thoughtful consideration of the material appearing on record.

    13. It is argued by Ld. APP for the state that all the
    ingredients of the offence are fulfilled in the present case. She
    has argued that PW-2 has deposed that he in his reply to the
    notice U/s 133 MV Act has stated that accused was driving the
    vehicle on date of incident and he was fired after the incident. It
    is further submitted that from testimony of PW3 it is evident that
    the accused was driving the offending vehicle in zig-zag manner
    and the dumper came in a very high speed and hit his motorcycle.
    It is further submitted that PW3 has deposed that accused ran
    away after causing accident and the accused as well as offending
    vehicle have been identified by the accused. It is further
    submitted that the accused was under intoxication at the time of
    accident and same is evident from MLC of accused. It is further
    Digitally signed by
    ANKUR ANKUR PANGHAL

    PANGHAL Date: 2026.04.18
    14:14:12 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 14 of 29
    submitted the fact of driving of offending vehicle, in rash and
    negligent manner, has been proved beyond all reasonable doubts.
    Further, the other evidence on record as corroborated the version
    of the eyewitness and the offences are proved beyond any doubt.
    As such, it is prayed that the accused persons be punished for the
    said offences.

    14. Per contra, Ld. counsel for the accused person has
    argued that the state has failed to establish its case beyond
    reasonable doubt. Ld. counsel has argued that PW-3 has deposed
    that the time of incident was in early morning hours and it is
    highly improbable that any person will be drunk at the that point
    of time. It is further argued that in the initial complaint and in the
    testimony of complainant there are contradictions regarding
    things that were damaged during accident. It is further submitted
    that PW3 has submitted during cross examination that his vehicle
    was insured. It is further submitted that PW4 has mentioned
    incorrect number of the dumper. It is further submitted that PW5
    has in his cross examination stated that he does not remember
    exact date of incident and he has further deposed that there were
    public persons at the spot but no public person has been made a
    witness in present case. It is further submitted that PW6 did not
    remember the registration number of motorcycle and has
    wrongly mentioned the truck number. Ld. Counsel has submitted
    that there are contradictions in the testimony of the eye-
    witnesses. It is argued that prosecution has failed to discharge the
    burden cast upon it. As such, it is prayed that accused persons be
    acquitted for the said offences.

    Digitally signed
    by ANKUR
    PANGHAL

    ANKUR Date:

    PANGHAL 2026.04.18
    14:14:18
    +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 15 of 29
    INGRIDIENTS OF THE OFFENCE

    15. The accused has been charged for the offences of
    rash driving on public way (S. 279 IPC) and driving under the
    influence of alcohol (S. 185 MV Act) in the present case.
    Whereas under section 279 IPC, the effect of rash or negligent
    driving likely to endanger human life or cause hurt etc. is in itself
    the offence and under section 185 MV Act, driving a motor
    vehicle under the influence of alcohol has been made a
    punishable offence. In order to bring home the guilt of the
    accused, the prosecution has to prove that the accused was
    driving the offending vehicle in rash or negligent manner, and
    while doing so the accused was under the influence of alcohol.

    16. It would be appropriate to reproduce sections 279
    IPC & 185 MV Act which are as follows:

    “279. Rash driving or riding on a public way: –Whoever drives
    any vehicle, or rides, on any public way in a manner so rash or
    negligent as to endanger human life, or to be likely to cause hurt
    or injury to any other person, shall be punished with im-
    prisonment of either description for a term which may extend to
    six months, or with fine which may extend to one thousand
    rupees, or with both.

    185. Driving by a drunken person or by a person under the
    influence of drugs–Whoever, while driving, or attempting to
    drive, a motor vehicle, —

    (a) has, in his blood, alcohol exceeding 30 mg. per 100 ml. of
    blood detected in a test by a breath analyser, or

    (b) is under the influence of a drug to such an extent as to be
    incapable of exercising proper control over the vehicle.

    shall be punishable for the first offence with imprisonment for a
    term which may extend to six months, or with fine which may
    extend to two thousand rupees, or with both; and for a second or
    subsequent offence, if committed within three years of the
    commission of the previous similar offence, with imprisonment
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 16 of 29
    for term which may extend to two years, or with fine which may
    extend to three thousand rupees, or with both.
    Explanation. –For the purposes of this section, the drug or
    drugs specified by the Central Government in this behalf, by
    notification in the Official Gazette, shall be deemed to render a
    person incapable of exercising proper control over a motor
    vehicle.”

    17. In order to prove the offences punishable under
    section 279 IPC, the prosecution has to prove beyond reasonable
    doubt, the following mandatory ingredients, viz.,

    i. That accident actually took place;

    ii. that a vehicle was driven or ridden by the accused at the
    time of accident;

    iii. that the accused was driving it on a public way;
    iv. the said vehicle was driven in a rash or negligent manner;

    and
    v. Driving was such so as to endanger human life, or to be
    likely to cause hurt or injury to any other person.

    17.1. All the ingredients need to be established
    beyond reasonable doubt with the aid of eyewitnesses and
    circumstantial evidence, as well as in the light of judicial
    measurements and with the judicial interpretation as already
    established.

    18. In order to prove the offences punishable under
    section 185 MV Act, the prosecution has to prove beyond
    reasonable doubt, the following mandatory ingredients, viz.,

    i. The act of driving or attempting to drive a motor vehicle:

    This must be linked to the time of the alleged violation.
    Simply being near the vehicle isn’t enough; control or
    operation is key; ANKUR
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 17 of 29
    ii. Presence of alcohol or intoxicating substances beyond
    permissible limits: Alcohol exceeding 30 mg. per 100 ml.
    of blood, determined by scientific test such as breath
    analyser; and
    iii. Linkage between the act and intoxication: The intoxicants
    must be such so as to make the accused incapable of
    exercising proper control over the vehicle.

    18.1. While the first ingredient needs to be
    established beyond reasonable doubt with the aid of eyewitnesses
    and circumstantial evidence, whereas the second and third
    ingredients need to be established with the aid of medical
    evidence.

    19. Thus, the gravamen of the offences under sections
    279
    IPC is the act of accused, done with “rashness” or
    “negligence”. The IPC does not define either of these terms.

    However, the ambit of these terms has now been settled by
    judicial pronouncements of superior courts. In Empress of India
    vs. Idu Beg ILR (1881) 3 All 776 the term “rashness” was
    interpreted to mean commission of an act with indifference or
    recklessness towards then consequence of such act. The Hon’ble
    Apex Court in the case of Rathnashavlvan vs. State of Karnataka
    (2007) 3 SCC 474 has observed, inter alia, as under:

    “7. …. Culpable negligence lies in the failure to exercise
    reasonable and proper care and the extent of its reasonableness
    will always depend upon the circumstances of each case.
    Rashness means doing an act with the consciousness of a risk
    that evil consequences will follow but with the hope that it will
    not. Negligence is a breach of duty imposed by law. In criminal
    cases, the amount and degree of negligence are determining
    factors. A question whether the accused’s conduct amounted to
    culpable rashness or negligence depends directly on the question
    as to what is the amount of care and circumspection which a Digitally signed by
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 18 of 29
    prudent and reasonable man would consider it to be sufficient
    considering all the circumstances of the case. Criminal rashness
    means hazarding a dangerous or wanton act with the knowledge
    that it is dangerous or wanton and the further knowledge that it
    may cause injury but done without any intention to cause injury
    or knowledge that it would probably be caused.

    8. As noted above, “rashness” consists in hazarding a dangerous
    or wanton act with the knowledge that it is so, and that it may
    cause injury. The criminality lies in such a case in running the
    risk of doing such an act with recklessness or indifference as to
    the consequences. Criminal negligence on the other hand, is the
    gross and culpable neglect or failure to exercise that reasonable
    and proper care and precaution to guard against injury either to
    the public generally or to an individual in particular, which,
    having regard to all the circumstances out of which the charge
    has arisen it was the imperative duty of the accused person to
    have adopted.”

    Similar observations were made by the Hon’ble Supreme
    Court in the case of Sushil Ansal vs. CBI (2014) 6 SCC 173. The
    standard of negligence was discussed in the said case, by
    observing, inter alia, as under: –

    “58. In the case of “negligence” the courts have favoured a
    meaning which implies a gross and culpable neglect or failure to
    exercise that reasonable and proper care and precaution to guard
    against injury either to the public generally or to an individual
    which having regard to all the circumstances out of which the
    charge arises, it may be the imperative duty of the accused to
    have adopted. Negligence has been understood to be an omission
    to do something which a reasonable man guided upon those
    considerations which ordinarily regulate the conduct of human
    affairs, would do, or doing something which a prudent and
    reasonable person would not do. Unlike rashness, where the
    immutability arises from acting despite the consciousness,
    negligence implies acting without such consciousness, but in
    circumstances which show that the actor has not exercised the
    caution incumbent upon him. The immutability in the case of
    negligence arises from the neglect of the civil duty of
    circumspection.”

    Thus, rashness implies doing an act despite consciousness
    that it might result in injuries, negligence, on the other hand,
    means lack of reasonable care that a person placed in the effect
    situation ought to take, in order to avoid injuries. ANKUR
    Digitally signed
    by ANKUR
    PANGHAL
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 19 of 29

    20. Furthermore, three judges Bench of the Hon’ble
    Apex Court in the case of Iffco Tokio General Insurance
    Company Ltd. v. Pearl Beverages Ltd
    [2021] 14 S.C.R. 104:

    2021 INSC 247 has observed, inter alia, as under:

    “4.2 Section 185 of the Motor Vehicles Act creates a criminal
    offence. The short title of Section 185 undoubtedly proclaims
    that it purports to deal with driving by a drunken person or by a
    person under the influence of drugs. The offence as far as
    driving by a drunken person is concerned, was built around
    breach of an objective standard, viz., the presence of alcohol in
    the driver in excess of 30 mg per 100 ml. of blood detected in a
    test of breath analyser. The Section mandates the proving of the
    objective criteria of presence of alcohol exceeding 30 mg per
    100 ml. of blood in a test by a breath analyser. It is here that
    Section 203 of the Motor Vehicles Act becomes apposite. It
    empowers the police officer to require any person driving or
    attempting to drive motor vehicle in a public place to provide
    one or more specimen of breath for breath test, if Police Officer
    or Officer of Motor Vehicle Department has reasonable cause to
    suspect the driver has committed an offence u/s 185. Section
    203(2)
    deals with the situation where the vehicle is involved in
    an accident in a public place. In such circumstances, on a Police
    Officer in uniform entertaining any reasonable cause to suspect
    that the person driving the vehicle, at the time of the accident,
    had alcohol in his blood, inter alia, he may require the person to
    provide specimen of his breath in the breath test in the manner
    provided. Section 203(6) declares that the result of the breath
    test made under Section 203 shall be admissible in evidence.
    Section 203 contemplates arrest without warrant being effected,
    if the test indicated the presence of alcohol in the breath test.
    Section 204 follows up on a person who is arrested under
    Section 203. It, inter alia, provides that a person who has been
    arrested under Section 203 is to provide to such medical
    practitioner as may be produced by such police officer, a
    specimen of his blood for a laboratory test, if either it appears to
    the police officer that the breath test reveals the presence of
    alcohol in the blood of such person or such person when given
    the opportunity to submit to a breath test, has refused, omitted or
    failed to do so. The result of the laboratory test is also made
    admissible. Section 185 deals with driving or attempting driving
    of a motor vehicle a person with alcohol in excess of 30 mg per
    100 ml in blood which is detected in a test of breath analyser.
    Being a criminal offence, it is indisputable that the ingredients
    of the offence must be established as contemplated by law
    which means that the case must be proved beyond reasonable
    doubt and evidence must clearly indicate the level of alcohol in
    excess of 30 mg in 100 ml blood and what is more such ANKUR
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    by ANKUR
    PANGHAL
    Date:
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 20 of 29
    presence must be borne out by a test by a breath analyser. With
    effect from 01.09.2019, the following words have been added to
    Section 185, that is “or in any other test including laboratory
    test”. [Paras 52, 53] [167-C-H; 168-A-E]

    21. Needless to mention, in criminal law, the burden of
    proof on the prosecution is that of beyond reasonable doubt. The
    resumption of the notions of the accused has to be rebutted by the
    prosecution by reducing cogent evidence that point was the guilt
    of accused. The evidence in the present case is to be weighed
    keeping in view the above legal standards.
    APPRECIATION OF EVIDENCE

    22. Applying the abovementioned law as well as
    findings, it has to be examined whether the prosecution is able to
    prove beyond all reasonable doubts that the accused has
    committed offences punishable U/s 279 IPC and 185 MVAct.

    23. For the offence punishable U/s 279 IPC, it has to be
    seen that the onus is on prosecution to prove the ingredients.
    The first is that accident took place by the offending vehicle.
    The second is that offending vehicle was driven by the accused
    on a public way. The third is that offending vehicle was driven
    by the accused in a rash or negligent manner and the last is that
    due to such driving hurt or injury could have been caused to any
    person. Let us examine whether the ingredients, as mentioned
    above, for the offence punishable U/s 279 IPC have been proved
    by the prosecution or not.

    23.1 Accident, Driving & Identification of
    accused: PW3 is the complainant as well as star witness of the
    prosecution and PW5 is an eyewitness, who is not related to
    PW3, in any sense. PW3 as well as PW5 have very categorically
    deposed that the accident took place and that the dumper bearing
    Digitally signed
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 21 of 29
    no. DL1LP7551 has hit motorcycle of complainant. 1 From their
    testimony it is also evident that the accident took place on a
    public way and the same is corroborated from site plan Ex.
    PW6/B. Furthermore, PW2 is the owner of offending vehicle
    and he in his testimony has deposed that he has given reply Ex.
    PW2/A in his handwriting, to the notice U/s 133 MV Act,
    stating the accused was driving the offending vehicle on date of
    incident. Testimony of PW2 is corroborated from the testimony
    of PW3 as well as PW5, who have deposed that accused was
    driving the offending vehicle on date of incident. Furthermore,
    PW3 has correctly identified the accused in the court.

    23.2. In view of the same, the burden fell upon the
    accused to show as to who was driving the vehicle, if he was
    not. He was given an opportunity to explain the same in his
    statement U/s 313 CrPC, but he chose to make only a plain and
    bald denial of his involvement in the said offence. He has not
    given any statement to rebut the testimony of PW2, PW3 and
    PW5. As per the settled legal position, the silence of the accused
    in this regard will work as an additional link in the chain of
    circumstances found against him.

    23.3. However, certain points were raised by the
    Ld. Counsel for accused, in his defence, such as there are
    contradictions in FIR and testimony of PW3 regarding things
    that were destroyed during accident and the fact the PW4 has
    mentioned wrong number of offending vehicle. It is further
    pointed out by accused that PW5 has deposed that there were
    1
    PW3 has deposed that on 06.08.2017 at about 6:00 P.M., he had parked his motorcycle
    bearing registration No. DLISAB-0238 outside his house and at around 8:30 P.M., he came
    outside his house and saw that one dumper bearing No. DLILP-7551 came in a very high
    speed and hit his motorcycle. PW3 further deposed that the driver of the said dumper was
    driving the abovesaid truck in zigzag manner and due to the hitting from the dumper, his
    motorcycle got damaged. ANKUR Digitally signed by ANKUR
    PANGHAL
    PANGHAL
    Date: 2026.04.18 14:15:02 +0530

    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 22 of 29
    many public persons, but no other public person has been made
    a witness in present case. It has been further pointed out that the
    IO did not remember registration number of vehicle and has
    wrongly mentioned the number of offending vehicle. It is further
    pointed out that PW5 was not able to tell the date of incident. As
    such it is the defence of accused that there are material
    inconsistencies in the testimonies of prosecution witnesses.

    23.4. Perusal of testimony of PW4 reveals that he
    has mentioned the registration number of offending vehicle as
    DL1P7551, whereas the complete number is DL1LP7551. Thus,
    it cannot be said that the witness has mentioned wrong number
    of the vehicle, rather the number of vehicle which was told by
    PW4 was not complete. Furthermore, PW6 has also mentioned
    the registration number of offending vehicle as DL1LA7551.
    The last 4 digits of offending vehicle have been deposed
    correctly by PW4 as well as PW5 and their testimonies are
    corroborated by PW2 and PW3. Furthermore, testimony of PW1
    also reveals that he had conducted mechanical inspection of
    offending vehicle. Furthermore, PW4 and PW6 have identified
    the offending vehicle form the photographs on record. The
    offending vehicle was also identified by its owner PW2 as well
    as by the complainant PW3.

    23.5. It is further pointed out on behalf of accused
    that PW5 was not able to tell the date of incident in his cross
    examination. Perusal of testimony of PW5 reveals that he has
    deposed that the accident took place on a Sunday in the year
    2017 and the date of incident was a Sunday. Thus, if testimony
    of PW5 is read in light of testimonies of all other witnesses, the
    Digitally signed
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 23 of 29
    same is corroborated by them. PW5 is an independent public
    person. Moreover, the testimony of PW1 as well as PW5 is of
    high value as they are independent witnesses and it is not the
    case that accused was previously known to the witnesses or
    there was some enmity between them and there is no reason for
    them to falsely framed the accused and to shield the real culprit.
    [Shamim vs. State of NCT of Delhi (AIR 2018 SC 4529) relied
    upon].

    24. It is pertinent to mention the observation of
    Hon’ble Supreme Court of India in Kuna @ Sanjaya Behera vs.
    State of Odisha
    , 2017 SCC Online SC 1336 that the conviction
    can be based on the testimony of single eyewitness if he or she
    passes the test of reliability and that is not the number of
    witnesses but the quality of evidence that is important.
    The
    Hon’ble Supreme Court of India in Veer Singh & Others vs
    State of UP
    , (2014) 2 SCC 455 observed as under:

    “Legal system has laid emphasis on value, weight and quality of
    evidence rather than on quantity, multiplicity or plurality of
    witnesses. It is not the number of witnesses but quality of their
    evidence which is important as there is no requirement under the
    Law of Evidence that any particular number of witnesses is to be
    examined to prove/disprove a fact. Evidence must be weighed
    and not counted. It is quality and not quantity which determines
    the adequacy of evidence as has been proved under section 134
    of the Evidence Act. As a general rule the court can and may act
    on the testimony of single witness provided, he is wholly
    reliable.”

    The prosecution does not require number of eye witnesses
    to prove its case beyond reasonable doubt. Even if there is one
    eyewitness and his testimony is up to the mark, the conviction
    can be based upon the same. In Namdeo vs. State of
    Maharashtra
    , (2007) 14 SCC 150, the Hon’ble Supreme Court of
    India held as under: ANKUR
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 24 of 29
    “In the leading case of Shivaji Sahebrao Bobade v. State of
    Maharashtra
    , (1973) 2 SCC 793, this Court held that even where
    a case hangs on the evidence of a single eye witness it may be
    enough to sustain the conviction given sterling testimony of a
    competent, honest man although as a rule of prudence courts call
    for corroboration. “It is a platitude to say that witnesses have to
    be weighed and not counted since quality matters more than
    quantity in human affairs.” In Anil Phukan v. State of Assam,
    (1993) 3 SCC 282 : JT 1993 (2) SC 290, the Court observed;

    “Indeed, conviction can be based on the testimony of a single
    eye witness and there is no rule of law or evidence which says to
    the contrary provided the sole witness passes the test of
    reliability. So long as the single eyewitness is a wholly reliable
    witness the courts have no difficulty in basing conviction on his
    testimony alone. However, where the single eye witness is not
    found to be a wholly reliable witness, in the sense that there are
    some circumstances which may show that he could have an
    interest in the prosecution, then the courts generally insist upon
    some independent corroboration of his testimony, in material
    particulars, before recording conviction. It is only when the
    courts find that the single eye witness is a wholly unreliable
    witness that his testimony is discarded in toto and no amount of
    corroboration can cure that defect.”

    25. The Hon’ble Apex Court has pointed out in a catena
    of judgments that minor inconsistencies not going to the root of
    the matter, are of no consequence. In Brahm Swaroop vs. State of
    UP
    (2011) 6 SCC 288, it was observed, inter alia, as under –

    “32. It is a settled legal proposition that while appreciating the
    evidence of a witness, minor discrepancies on trivial matters,
    which do not affect the core of the prosecution’s case, may not
    prompt the Court to reject the evidence in its entirety. “Irrelevant
    details which do not in any way corrode the credibility of a
    witness cannot be labelled as omissions or contradictions.”

    Difference in some minor detail, which does not otherwise
    affect the core of the prosecution case, even if present, would
    not itself prompt the court to reject the evidence on minor
    variations and discrepancies. After exercising care and caution
    and sifting through the evidence to separate truth from untruth,
    exaggeration and improvements, the court comes to a conclusion
    as to whether the residuary evidence is sufficient to convict the
    accused. Thus, an undue importance should not be attached to
    omissions, contradictions and discrepancies which do not go to
    the heart of the matter and shake the basic version of the
    prosecution witness. As the mental capabilities of a human
    being cannot be expected to be attuned to absorb all the details,
    ANKUR Digitally signed by
    ANKUR PANGHAL

    PANGHAL Date: 2026.04.18
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 25 of 29
    minor discrepancies are bound to occur in the statements of
    witnesses. (See: State of UP vs. MK Anthony (1985) 1 SCC
    505, State of Rajasthan vs. Om Prakash
    (2007) 12 SCC 381,
    State vs. Saravanan (2008) 17 SCC 587 and Prithu vs. State of
    HP (2009) 11 SCC 588)”

    26. Thus, from the testimony of the eyewitness PW3
    and PW5 as well as in light of above mentioned settled legal
    precedents the fact of accident is proved beyond any reasonable
    doubt and it is also proved beyond any reasonable doubt that the
    accused was driving the offending vehicle on a public way at the
    time of accident.

    27. Rashness or Negligence: To prove the rashness and
    negligence the prosecution has examined primarily three
    witnesses i.e., PW2, PW3 and PW5. PW2 has deposed that the
    accused was fired after this incident. PW3 has categorically
    deposed that accused was driving the offending vehicle at a very
    high speed and in zig zag manner. PW3 further deposed that after
    hitting the motorcycle, the accused reversed the offending
    vehicle in a high speed and thereafter, accelerated the vehicle and
    ran away. PW5 has also deposed that the accused was driving the
    offending vehicle in rash and negligent manner and has first
    moved the vehicle in forward direction and then in back
    direction.

    28. In order to ascertain whether the manner of driving
    the offending vehicle was indeed rational negligent, the
    surrounding circumstances are to be considered. The accident
    took place after sunrise in month of August. PW3 deposed that
    the accident took place around 08:30 A.M. in the month of
    August. It is not the case of the defence that there was low
    visibility owing to weather conditions. The most important factor
    is that the offending vehicle was being driven on a public road Digitally signed by
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 26 of 29
    and it was also driven in backward direction, as evident from
    testimony of PW3 and PW5. The Motor Vehicles (Driving)
    Regulations, 2017 provide that no motor vehicle shall be driven
    on to a public road in the reverse direction. The relevant
    regulation is reproduced below: –

    18. Restrictions on driving backwards (in reverse direction).-

    (1) No driver of a motor vehicle shall drive the vehicle
    backwards (in the reverse direction) on a road or in a parking or
    any other public place: Provided that the driver shall while
    driving backwards ensure that the backward movement of the
    vehicle does not in any manner endanger the safety of, or cause
    undue inconvenience to, the other road users and that such
    reverse movement is for a distance and duration that may be
    reasonably necessary to turn around the vehicle.
    (2) No motor vehicle shall be driven on to a public road in the
    reverse direction.

    (3) No motor vehicle shall be driven backwards into a road
    designated as “ONE WAY”.

    29. Injury caused to Complainant: It is further case of
    prosecution that the accused has caused damage to the
    motorcycle of the complainant. Section 44 of IPC defined injury
    as any harm whatever illegally caused to any person, in body,
    mind, reputation or property.2 From the testimonies of PW3 and
    PW5 it is evident that the accused had hit the offending vehicle
    with the motorcycle of complainant and has thereby caused harm
    to the property of complainant. Thus, the present ingredient also
    stands established by the prosecution.

    30. In view of the above narration, this court has no
    hesitation to hold that all the essential ingredients of the offence
    punishable U/s 279 IPC are fulfilled in the present case.

    31. For the offence punishable U/s 185 MV Act, it has
    to be seen that the onus is on prosecution to prove the
    ingredients. The primary ingredient that is required to be proved

    2
    “Injury”.–The word “injury” denotes any harm whatever illegally caused to any person,
    Digitally signed by
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    in body, mind, reputation or property. PANGHAL
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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 27 of 29
    by the prosecution by way of scientific evidence that alcohol
    exceeding 30 mg. per 100 ml. of blood was present in the blood
    of accused. In the present case, the prosecution has relied upon
    the oral testimony of PW3 and PW5 who have deposed that the
    accused was in intoxicated condition and has also relied upon the
    MLC of accused, in which it has been mentioned that smell of
    alcohol was coming from breath of accused. However, the said
    MLC was never tendered in evidence and was not exhibited
    during the trial. Further, the doctors who prepared the MLC were
    never examined as witness, as they were not made witness by the
    IO, in list of witnesses filed with the chargesheet. Furthermore, if
    even if the MLC would have been exhibited, that would not have
    been sufficient to prove the case of prosecution beyond all
    reasonable doubts, as no breath analyser test was conducted. In
    the absence of breath analyser test it could not be determined as
    to how much quantity of alcohol was present in the blood of
    accused. Thus, the primary ingredient required to prove the
    offence punishable U/s 185 MV Act has not been established.
    Therefore, the rest of ingredients of the offence punishable U/s
    185 MV Act are not discussed.

    CONCLUSION

    32. In view of the above discussion, the inevitable
    conclusion is that the prosecution has proved all the ingredients
    of the offence punishable U/s 279 IPC beyond any iota of doubt.
    This Court has no hesitation to hold that the required threshold
    has been met by the prosecution and it has been able to
    successfully prove that the accused person has committed the
    offence under Section 279 IPC. The accused person has failed to
    Digitally signed
    by ANKUR
    ANKUR PANGHAL
    PANGHAL Date:

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    Cr. Case No. 3293/2018 State vs. Anil Kumar Singh Page 28 of 29
    punch any holes on material aspects in the case set up by the
    prosecution, despite detailed cross examination of the witnesses.
    The star witnesses of the prosecution, i.e. the complainant, has
    deposed categorically and cogently about the commission of
    offence by the accused person, despite being subjected to lengthy
    cross examination. The inconsistencies brought out by the
    accused persons in the case of the prosecution are minor and do
    not go to the root of the matter. The defence of the accused
    persons of false implication remains unproved. However, the
    evidence qua the commission of offence punishable U/s 185 MV
    Act
    is insufficient.

    33. Resultantly, the accused person namely ANIL
    KUMAR SINGH S/o SH. DEV NANDAN SINGH is hereby
    found guilty and is CONVICTED of the offence punishable
    under section 279 of the Indian Penal Code, 1860. However, he
    is acquitted for the offence punishable under section 185 of the
    Motor Vehicles Act, 1988.

    34. The convict be heard on point of sentence
    separately.

    35. Copy of the judgment be provided free of cost to the
    convict, forthwith.

    Announced in open court on 18.04.2026 in the presence of the convict.
    The judgment contains 29 pages and each page have been signed by the undersigned.

    Digitally signed by

                                                           ANKUR             ANKUR PANGHAL
    
                                                           PANGHAL           Date: 2026.04.18
                                                                             14:15:48 +0530
    
                                                          (ANKUR PANGHAL)
                                                         JMFC-05, West District,
                                                         Tis Hazari Courts, Delhi
                                                                     18/04/2026
    
    
    
    Cr. Case No. 3293/2018          State vs. Anil Kumar Singh              Page 29 of 29
     



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