Mumbai: The circumstances in the May 12, 2020, car crash at Marine Drive in Mumbai that killed one person were accidental in nature and can be attributed to a negligent act, not a case of culpable homicide, said the Bombay high court while upholding a trial court order to drop the more serious charge against a teen. Shourya Jain cannot be said to have had any knowledge that his act was likely to cause the death of his 18-year-old friend sitting in his car at the time.Mumbai police booked Jain, then 19 years old, under Section 304 (II) of the Indian Penal Code, for an offence where death is caused by an act done with knowledge that it may lead to the end of someone’s life. The offence attracts up to 10 years’ imprisonment.The prosecution’s case was that Jain drove the car rashly and hit a stationary bus, thus causing the death of the son of Rajesh Nagpal, who was in the car. The prosecution alleged Jain had no driving licence then and had sped and collided with the bus. His friend died after over a week’s hospitalisation. A sessions court judge in Mumbai in Oct 2024 dropped Section 304 (II) of the IPC against Jain as it said, “It needs to be noted that this is not a case of drunk and drive to attribute knowledge of an untoward incident… the applicant-driver (Jain) himself suffered severe injuries in the incident. The incident can at the most be the result of rash or negligent act of the applicant.” The accused went to Jai Hind College from his Nepean Sea Road home, the HC noted, and the duo were heading home together while other friends were travelling in other cars.Nagpal challenged the trial court relief to Jain before the HC. Last month, Justice S G Dige, rejecting the father’s plea, said, “The question that arises is whether (Jain) had knowledge at the time of accident. In my view, (he) was driving the vehicle along with the deceased and suddenly his car collided with a stationary bus… the incident occurred suddenly… he also sustained injuries.”Jain now faces the charge of driving the vehicle without a licence and for rash and negligent driving causing death of others. “To attract Section 304-II of IPC, the accused must have the knowledge that the act is likely to cause death,” HC said and observed documents produced in court show the accused had basic driving skills and the collision was sudden, neither intentional nor with knowledge.
