Man convicted for causing death of pillion rider in 2018 case

Panaji: A North Goa court convicted a man in a 2018 case of rash and negligent riding that caused the death of the pillion rider. He was also fined Rs 10,000. The court, however, gave him the benefit of the Probation of Offenders Act and allowed him to be released upon entering into a bond for a year and, in the meantime, maintain peace and good behaviour.The accused, aged 21, and the victim, 20, were proceeding from Panaji to Margao when the accused lost control of his scooter, went off the road, and fell along with the pillion rider, who succumbed to injuries at the GMC. The court observed that it was a self-accident due to rash and negligent riding. While the accused denied all allegations, he didn’t furnish any explanation.The court held that the prosecution proved, beyond the shadow of reasonable doubt, that the man caused the accident due to his rash and negligent riding and consequently caused the death of the pillion rider.

The assistant public prosecutor, S Bodke, for the state, said he deserved maximum punishment as he caused a serious accident where a young girl lost her life and that he was also in a drunken condition.The court stated that it could not accept this because there was no chemical report on record to show he was drunk at the time of the accident. It added that punishment has to be imposed focusing on the present and future prospects of the accused.

“The accused was also of a young age at the time of the accident, and in a particular state of mind, possibly he may have ridden the vehicle and lost control. His age and the way in which the accident happened are the peculiar facts to be considered in this case,” the court held. It added that he is working as a regional manager and is the sole breadwinner of the family.“This shows that he is positive and serious towards his life prospects. Imposing severe punishment may invite a stigma of conviction that may ruin his future. The mens rea is absent in such cases. Nothing is on record to show that he has any past antecedents of the same offence,” the court held, and directed that the fine amount be paid as compensation to the kin of the victim.