Mumbai Sessions Court Upholds 2-Year Jail Term For Ghatkopar Man In 2009 Reckless Driving Death Case

Mumbai, Feb 17: The Sessions Court on Tuesday upheld the conviction of a 52-year-old Ghatkopar resident for causing the deaths of two persons in a reckless driving incident near Ghatkopar railway station (East) in January 2009. The court upheld the sentence of two years’ imprisonment awarded by the Metropolitan Magistrate Court, Vikhroli.

Accident near Ghatkopar station

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The incident occurred on the evening of January 9, 2009, when the accused, Kailash Gaikwad, was driving a Maruti van on the wrong side of the road at high speed. As he approached the busy Ghatkopar railway station area, Gaikwad struck three vegetable vendors – Sunil Ratnaparkhi, Daya Kharvi and Lalita Jadhav.

The vehicle’s front right wheel went into a gutter, injuring all three. Lalita and another victim, Genubhau Bombale, later succumbed to their injuries. They were rushed to Rajawadi Hospital, where the fatalities were confirmed.

The case against Gaikwad was lodged by Sunil Ratnaparkhi, one of the vendors, at the Pant Nagar Police Station. Gaikwad was prosecuted for rash and negligent driving.

Defence rejected by court

Despite his claims of not being behind the wheel, Gaikwad’s defence was rejected by the court. He argued that the owner of the van was not found and that witnesses could not accurately describe the vehicle or the incident. He also contended that the injured parties could not identify him, as they were in shock and preoccupied with serving customers.

However, the court found Gaikwad’s defence “untenable”, pointing out that he failed to explain who else could have been driving the van. Additionally, the prosecution presented 15 witnesses who testified that Gaikwad was driving at high speed on the wrong side of the road in a crowded area near the railway station.

Court stresses driver responsibility

The court also stressed the responsibility of drivers to exercise caution, particularly in densely populated areas.

“Driving a vehicle on the wrong side without care and caution is sufficient to conclude that the accused was rash and negligent,” stated Sessions Judge Kunal Dhanji Jadhav. The court noted that driving at high speed in such a location, with a heavy rush of people travelling to and from the station, made the act reckless.

Furthermore, the court found that Gaikwad had not provided any evidence that he was unable to control the vehicle or that he lacked an opportunity to avoid the accident. Without such evidence, the court concluded that Gaikwad’s actions were negligent, resulting in the tragic deaths.

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In delivering its judgment, the court upheld the two-year imprisonment sentence handed down by the Vikhroli Metropolitan Magistrate Court. The court also criticised the defence’s failure to produce credible explanations or evidence, further solidifying Gaikwad’s guilt.

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