320. Punishment for qatl-i-khata by rash or negligent driving.--Whoever commits qatl-i-khata by rash or negligent driving shall, having regard to the facts and circumstances of the case, in addition to diyat, be punished with imprisonment of either description for a term which may extend to ten years.
COMMENTARY
1. Rash driving. Does not contemplate mens rea. 1986 PCr.LJ 330. Not the speed but negligent act constitutes offence. PLD 1997 Pesh 13. Ocular testimony interested and partial cannot be relied upon without irrefutable corroboration. PLD 1997 Kar 146.
2. Death by rash and negligent driving. High Court reduced the sentence of six years imprisonment awarded by trial Court to four years' imprisonment but maintained the payment of Diyat. Leave to appeal was granted by Supreme Court to consider whether the High Court had appraised the evidence on record with a view to determining the question of rash and negligent driving by the accused on the date of occurrence. 2000 SCMR 1355. Conviction under S. 320 for killing two persons in an accident released on bail on ground that offence under S. 320 was bailable and also for reason that his release would practically facilitate & enable him to earn for payment of Diyat. NLR 2001 Crl. 158.
Applicant/owner by way of Crl. Misc. in High Court sought reduction in the amount of surety for returning of vehicle in question. Validity. Said bus was retained as a result of accident which took place between the bus and the coach. In such a situation the vehicle could not be said to have been used by the accused for the commission of said offence. Said vehicle could be identified through its registration number or producing the Registration Book of vehicle without producing the said vehicle in Court. After accident the owner was entitled to get his vehicle repaired. Amount of surety reduced on return of the vehicle. Accident case/return of vehicle to the owner on reduction in surety amount ordered by High Court. 2005 PLR (Larkana) 1356 = 2005 SLJ (Larkana) 1132.
Accused not applied the brakes at the proper time and the occurrence had taken place due to his negligence. 2006 YLR 519.
Conviction awarded to accused only on the basis of hearsay evidence of one eye-witness set aside. 2006 MLD 616.
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