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Showing contexts for: 338 indian penal code in State vs . Shamshad on 28 January, 2023Matching Fragments
1. The case of the prosecution is that on 17/11/2012 at about 7:30 PM at Main road J.J. Colony, Bawana, Delhi, near Jhanda Chowk (hereinafter the "spot" or "the place of accident") one vehicle i.e. Champion Tempo bearing Registration No. DL 1LJ 9882 (hereinafter the "offending vehicle") without any valid driving license was being driven at a public place in a rash and negligent manner so as to endanger the human life and personal safety of others and hit against a pedestrian namely Ruksana W/o Mohd. Rahim and thereby caused the injuries to her. The present FIR 623/2012 was registered under section 279/338 IPC & under section 3/181 MV Act on the complaint of injured Ruksana.
Issues to be decided
7. Before proceeding further, as per mandate laid down under Section 354 (1) (b) Cr.PC following are the points of determination which are necessary to consider in order to arrive at a conclusion:
(1). Whether accused Shamshad has committed the offence for rash driving or riding on a public way under section 279 IPC ?
(2). Whether accused Shamshad has committed the offence causing grievous hurt by act endangering life or personal safety under section 338 IPC?
9. "Whether accused Shamshad has committed the offence causing grievous hurt by act endangering life or personal safety under section 338 IPC?"
Let us peruse the provision of Section 338 IPC, which is as under : Section 338: Causing grievous hurt by act endangering life or personal safety of others: Whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with impris onment of either description for a term which may extend to two years, or with fine which may extend to one thousand rupees, or with both.
(ii) The standard of proof to prove a defence plea is not the same as that which rests upon the prosecution.
Where the onus shifts to the accused, and the evidence on his behalf probabilizes the plea he will be entitled to the benefit of reasonable doubt".
12. In the present case the charge for the offence U/s 279/338 IPC has been framed against accused. Before appreciating the evidence, let us first discuss relevant legal provisions given under Indian Penal code. In the present case, prosecution is required to prove the following ingredients to establish the guilt of the accused for the offences punishable under section 279/338 IPC that: