Mumbai: Car Driver Who Killed A Person Spared Jail Time Owing To Her Gender And Profession

The Logical Indian Crew Maharashtra

April 28th, 2017 / 5:00 PM

Courtesy: mumbaimirror | Representational Image: reuters

A speech therapist from Mumbai’s Marine Drive area has been spared prison time by a Court because of her gender and profession.

Lajja Shah’s speeding car had killed a woman riding a motorcycle’s passenger seat near Girgaum Chowpatty in 2015.

Shah, who is associated with Sir HN Reliance Foundation Hospital, had slammed her Toyota Innova into the bike, knocking down 22-year-old Akash Singh and his sister, Jyoti, who was riding pillion. Jyoti, 25, came under the front wheel of the car and later succumbed to her injuries.

However, a metropolitan magistrate only fined Lajja Shah to the amount of Rs 72,500 for offences that could have also attracted a jail term of up to two years.

“The accused is a woman and a doctor by profession, so I am of the view that instead of sentencing her to imprisonment, a fine may be imposed,” the magistrate, VR Dasari, ruled last week, reported the Mumbai Mirror.

Shah was held guilty under sections 279 (rash driving), 304A (causing death by negligence), and 337 (causing hurt by act endangering life or personal safety of others) of the Indian Penal Code (IPC). But being an audiologist, she was cleared of jail time.

The most serious charge she faced was causing death by negligence under Section 304A of the IPC. Under this, the Court could have sentenced her to prison for up to two years or imposed a fine, or order both.

The prosecution, led by CY Patil, examined seven witnesses to prove Shah’s guilt, including Akash, who was injured in the accident, and Shah’s driver, who was with her at the time of the collision. The Court had rejected the testimony of the driver as it appeared to serve his employer.

The defence argued that the victims, Akash and Jyoti, should be blamed for the accident, and not Shah. The siblings were in a hurry to reach their workplace, he claimed and added that Akash tried to dangerously cut through heavy traffic on his motorcycle.

Citing the pattern of damage to the Innova, the magistrate, however, rejected the claim, “The tyre brake marks of the Innova were present on the spot to the extent of 10 to 15 feet at its backside. This shows that at the time of the incident, the Innova was certainly in a high speed.” Dasari ruled.

Jyoti was taken to the Bhatia Hospital, where she succumbed to her injuries. Prior to that, she told her another brother of not being able to see through her eyes.

Shah’s lawyer, GS Vaidya, said on Thursday that the defense would challenge the conviction. “This judgement is bad in law and we are going to file an appeal against the conviction,” he said.

The Logical Indian finds the Court’s order appalling as punishment should always fit the crime. Though the magistrate found Lajja Shah guilty on three accounts, including causing death by negligence, the punishment imposed on her is unfair, and the reason biased. Her gender and profession should not have played a role in deciding the degree of penalty.


Contributors

Written by :

Edited by :

Share your thoughts..

Related Stories

Gang Robbery Delhi

[Video] Delhi: Thak-Thak Gang Distracts Driver & Robs Valuables Worth Rs 1.5 Lakh From Car

Uttarakhand: 53,000 Disabled And Widows Lose Their Pension Owing To Lack Of Aadhaar

students

AP, Telangana: 50 Students Commit Suicide, Owing To Inhuman Pressure In Coaching Centres And Junior Colleges

This Man From Delhi Wins A 12-Yr-Long Legal Battle Against A Car Company To Get His Car Repaired

[Watch/Read] Her Sister Told Her To Run, But They Held Her Down And Poured Acid On Her Face

She Stood Up Against The Person Who Blackmailed Her With Her Private Videos And Photos

Latest on The Logical Indian

Exclusive

South Delhi: Resident Welfare Association Claim That Public Parks Are Being Used For Political Activities

News

Ajit Doval’s Son Files Defamation Complaint Against Jairam Ramesh & Caravan Magazine

News

India’s Inequality: Country’s Richest 1% Grew Their Wealth By 39% In 2018, Says Oxfam Report

Get Inspired

All Women Assam Rifles Contingent To Script History, Will March Past Rajpath This Republic Day For The First Time

News

Mukesh Ambani Announces Plan To Take On Online Retail Giants Amazon And Flipkart

Awareness

With USA Looking To Tighten Visa Rules, What Lies Ahead For Spouses Of H-1B Holders?

x

Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.