Panchkula, April 19 -- While acquitting a man in a 2023 fatal accident case, a Panchkula court observed that rashness and negligence cannot be presumed merely because an accident resulted in a death. The court held that the driver cannot be assumed to be rash or negligent without clear evidence, noting that with the tremendous rise in traffic, such accidents have become frequent. However, the prosecution must specifically establish and prove what act of negligence or rashness the accused committed that led to the accident. The court of the additional chief judicial magistrate acquitted Gopal, a resident of village Beer Ghaggar in Chandimandir, who had been booked by the Chandimandir police under Sections 279 (rash driving on a public way) and 304-A (causing death by negligence) of the IPC on January 31, 2023. The case pertained to an accident near the Chandimandir toll plaza flyover around 10.30am, in which Dhruv Rana, a resident of the same village, lost his life while riding a two-wheeler. To prove its case, the prosecution examined nine witnesses, including five police officials. However, the case weakened after the victim's uncle, Raj Kumar-initially cited as an eyewitness-turned hostile during cross-examination. He stated that he only received a phone call about the accident from an unknown person and had neither witnessed the incident nor filed any complaint. He further alleged that the police had obtained his signatures on blank papers. Earlier, Raj Kumar had claimed that the victim was riding his Activa near Saket Hospital and had taken a U-turn under the bridge when a Haryana-registered Fortuner, allegedly driven at high speed and rashly from the wrong side without honking, struck the two-wheeler, causing fatal injuries. He had also claimed to have identified the accused as a fellow villager. During cross-examination, constable Nikhil stated that although the accident occurred on January 31, the site plan was prepared only on February 3. Similarly, SI Arjun Singh, the investigating officer, admitted that no independent witness was joined during the investigation, despite the incident taking place in a public area. He also conceded that no Test Identification Parade (TIP) of the accused was conducted. The court noted that it was the investigating officer's duty to associate independent witnesses, and failure to do so raised doubts about the credibility of the prosecution's case. It further observed that the non-conduct of a TIP cast a serious shadow over the prosecution's version. The court held that the prosecution failed to establish that the accident occurred due to lack of reasonable care on the part of the accused. It also found that the alleged disclosure statement of the accused held no evidentiary value in the absence of independent witnesses. Observing that no cogent and reliable evidence had been presented, the court concluded that the prosecution failed to prove its case beyond reasonable doubt. Accordingly, Gopal was acquitted of all charges on April 16, with the benefit of doubt....