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No leniency for rash and negligent drivers: Delhi HC

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Agencies

Posted: Feb 13, 2012 at 1444 hrs IST

New Delhi Rash and negligent drivers should be awarded deterrent punishment as any leniency shown to them could escalate the number of road accidents in the city, the Delhi High Court has ruled.

"One of the most effective ways of keeping such drivers under mental vigil is to maintain a deterrent element in the sentencing sphere.

"Any latitude shown to them in that sphere would tempt them to make driving frivolous and a frolic, thus endangering the life of public at large, which cannot be allowed," Justice M L Mehta said.

The high court made the observations while upholding a year-long jail term awarded to bus driver Dharmender for mowing down a cyclist in November 1998 at Raja Garden chowk in West Delhi.

"When automobiles have become death traps, any leniency shown to drivers who are found guilty of rash driving would be at the risk of further escalation of road accidents," the bench said, dismissing the driver's plea for his release on

probation.

Directing the errant bus driver to surrender, the bench said, "An innocent person has lost his life without any fault on his part. The petitioner (Dharmender) was a driver of a commercial vehicle and was required to be extra cautious while driving on the road."

Dharmender was sentenced to one year rigorous imprisonment by the trial court on April 2, 2005 for causing death due to rash and negligent driving.

The conductor of the bus had said in his testimony that Dharmender had been driving at a very fast speed in a rash and negligent manner and had jumped a red light before hitting the cyclist.

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