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11. In the case in hand, charge has been framed against the accused under Section 279/427 IPC. Before proceeding with the determination of merits of the case in hand, it would be apposite to reproduce the relevant provisions under law/IPC for the purpose of present adjudication, as under :-

"S. 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 imprisonment 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.

17. Coming to Section 427 IPC, it provides for punishment for mischief causing damage to the amount of Rs. 50/-. Mischief has been defined under Section 425 IPC which says as under:-

"425. Mischief.--Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".

18. Thus, to make out its case under Section 427 IPC, the prosecution must prove the following ingredients :

1. That the accused caused destruction or change in a property.

Digitally signed by PRAGATI PRAGATI Date:

19. Thus, as evident, in order to bring home offence under Section 427 IPC the intent to cause damage must be proved on the part of the accused. As already discussed hereinabove, commission of offence under Section 279 IPC has been proved against the accused. Pertinently, Section 279 IPC and Section 427 IPC are completely opposite to each other. Either a person can be negligent or he can have the intention or knowledge to commit an offence. Both of them cannot be present together. Once it is proved that the accused was driving negligently, then intention/knowledge cannot be imputed upon him and so offence under Section 427 IPC cannot be said to be proved against him. Thus, in view of the aforesaid discussion, the accused is hereby held guilty for commission of offence punishable under Section 279 IPC and convicted thereunder, whereas he is acquitted for offence under Section 427 IPC. PRAGATI by PRAGATI Date: