The Delhi High Court has convicted Shiv Shankar, driver of a TATA Ace truck, for the offences punishable under Sections 279 and 304A of the Indian Penal Code in a case involving the death of a two-year-old child, Veer @ Aditya, who was run over on 5 December 2012.
Justice Neena Bansal Krishna allowed the State’s appeal under Section 378(1)(b) CrPC and set aside the judgment dated 24 December 2019 passed by the learned CMM-04 (North), Delhi, which had acquitted the respondent.
The incident occurred at about 11 a.m. when the child was sitting on the roadside in Apni Colony, Alipur Garhi. The TATA Ace truck bearing registration No. DL 1LP 6713, driven by Shiv Shankar, allegedly came onto the wrong side, mounted the roadside area and ran over the child. The child was rushed to SRHC Hospital by his mother Babli and neighbours but was declared dead on arrival.
The accused was apprehended on the spot along with the offending vehicle. His father, Manoj Dass, owner of the truck, admitted in reply to notice under Section 133 MV Act that his son was driving the vehicle at the time of the accident.
The trial court had acquitted the respondent holding that the prosecution failed to prove rash or negligent driving and that the eyewitnesses were not reliable.
The High Court, after re-appreciating the entire evidence, held that the prosecution had successfully proved the case beyond reasonable doubt.
Justice Neena Bansal Krishna observed that the testimony of the child’s father, Ashok Kumar (PW1), who was cited as an eyewitness, fully supported the prosecution. His presence at the spot was corroborated by the mother Babli (PW4) and the site plan Ex.PW1/F.
The Court noted that the site plan clearly showed that the main road was 10 ft wide with a 5 ft empty area on either side. The truck had deflected from the correct side, crossed onto the wrong side and entered the roadside area where the child was sitting, crushing him under the tyre.
The High Court held that this was a classic case where the doctrine of res ipsa loquitur applied:
“It is actually a case of res ipsa loquitur, where the circumstances itself speak of negligence of the respondent… the nature of accident and attending circumstances would reasonably lead to the conclusion that in absence of negligence, the accident would not have occurred.”
The Court further relied on the respondent’s own statement under Section 313 CrPC in which he admitted that after parking the vehicle and returning from delivering food at a nearby school, he started the truck and noticed that a child had come beneath it.
The High Court held that the trial court erred in disbelieving the eyewitness testimony of the father on minor discrepancies and in ignoring the clear evidence of negligence emerging from the site plan and the circumstances of the accident.
The impugned judgment of acquittal dated 24 December 2019 was set aside. Shiv Shankar stands convicted for the offences punishable under Sections 279 and 304A IPC.
The matter has been listed for hearing on the point of sentence on 1 April 2026.
Case Title: State NCT of Delhi v. Shiv Shanker
Case No.: Crl.A.109/2026
Click HERE for full judgment
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