PANAJI
Judge Shahir Issani, however, refrained from sentencing the accused Sahadev Shet at once under Section 279 and 337 of Indian Penal Code and instead released Shet, a government servant, under the Probation of Offenders Act.
Shet was directed to enter into a bond of Rs 5,000 with one surety of the same amount while undertaking to appear before the Court and receive the sentence whenever called upon within a year and in the mean time to keep peace and maintain good behavior.
The accused was also directed to pay Rs 6,000 within 30 days to the Court as compensation under the Probation of Offenders Act.
The compensation amount will be paid equally to the three victims, who suffered simple injuries in the accident.
As per the chargesheet filed by Ponda Police, on December 22, 2013 at around 8.10 am, Shet, who was proceeding from Talaulim to Ponda rode his scooter in a rash and negligent manner. When he reached a spot near Ghodkeshwar Ghumti, he attended a phone call and while doing so, he went on the wrong side of the road and collided against an oncoming Maruti van. The accused then dashed against a motorcycle.
While the accused himself sustained the more injuries than the driver of the van Kashinath Gaude, the owner of the van Dhadas Vaishnav and the rider of the motorcycle Vinay Borkar, the three vehicles also sustained damages in the accident. Gaude sustained injury to his eye, Vaishnav’s left leg was injured, Borkar suffered minor injuries on his back and hand and accused Shet fainted.
As per the deposition of Borkar, Shet overtook his motorcycle and collided with the Maruti van. As the driver of the van attempted to turn his van slightly towards the left to avoid collision with Shet’s scooter, he lost control and the van turned on its side. Its windshield shattered.
The scooter, which was in the middle of the road, then collided
with Borkar’s motorcycle and as he fell on the ground, his bike fell in the gutter on the side of the road.
In his judgment granting benefit of probation, JMFC Issani has taken into consideration that an imprisonment could adversely affect Shet’s career prospects.
“Sending the accused to jail will not serve any useful purpose. The offences involved in the case are not punishable with death or imprisonment for life,” the judgment reasons.
