PANAJI
The North Goa Sessions Court has acquitted Rajesh Naik, who was at the wheel with the bus carrying six passengers including four children went off the ferry ramp at Calvim (Aldona) and plunged into the river killing the passengers.
Rajesh Naik, was being tried under charges of Sections 279 (rash and negligent driving) and 304 (culpable homicide) IPC for causing the deaths of his passengers.
The prosecution alleged that on February 18, 2012, the accused No.2 (Chandrakant Naik), having knowledge about the non-functioning of the hand brake of the bus GA-01-V-2285 and both its front tires being worn out, handed over the bus to the accused No.1 (Rajesh Naik), who, having knowledge of the same, drove the bus in such a manner while proceeding from Lakhde to Carona ferry jetty, and plunged the bus into the river due to which six passengers drowned and further that the accused no.2 fled from the spot, without making any efforts to save the lives of the passengers.
Chandrakant Naik was previously discharged in the case.
However, Judge Edgar Fernandes, ruled that the prosecution failed to prove Rajesh Naik’s culpability in the case.
“The prosecution has failed to prove either that the accused no.1 (Rajesh Naik) drove the bus in a rash and negligent manner or that he took the bus on a steep slope fully knowing that the bus will go into the river as its hand brake was not functioning and both the front tyres of the bus were worn,” the judge said.
The prosecution relied on the statement that Rajesh Naik had made before the North Goa District Collector and Executive Magistrate Mihir Vardhan to prove that he had previous knowledge that the brakes of the bus were not working.
Rajesh Naik in his statement had stated that: “At the bus stop, I wanted to stop to take a reverse turn and drop the passengers, but at this point when I applied the brake, it failed. I tried twice and thrice, but it did not work. I say that I did not have a handbrake. I put the vehicle in second gear, even then it did not stop and the bus then went into the water. There was no brake solution.”
To the question as to whether he could have avoided the bus going into the water by turning the bus to the side, he stated that he didn’t have time to react.
“Even if the statement of the accused no.1 is taken into consideration, it can be seen that the accused had not admitted that there was no brake fluid but had only stated why he thought that the brakes had failed. The only admission, if it can be said so, is that there was no handbrake,” Judge Fernandes ruled.
“I am unable to accept the contention of (the prosecution) that the act of the accused in taking the bus on the ramp was with the knowledge that it is likely to cause death,” the Judge said.
