Supreme Court of India has chosen to overturn a three-month prison sentence imposed on a Tamil Nadu State Transport Corporation (TNSTC) driver who was convicted of causing death by negligence. While upholding the driver's conviction, the Court decided against incarceration, instead opting for admonition. The decision was delivered by a bench comprising Justices Aniruddha Bose, PV Sanjay Kumar, and SVN Bhatti, who took into account the driver's unblemished record and the absence of adverse character reports.
The case's origins date back to a tragic road accident in June 2008, which resulted in the heartbreaking loss of the complainant's wife and infant child, both of whom were passengers on the driver's bus. While the driver's conviction under Sections 337 and 304-A of the Indian Penal Code 1860 was upheld, the three-month prison sentence was set aside in favor of a stern admonition.
In their ruling, the Supreme Court emphasized the need for the driver to exercise greater vigilance in both his professional and personal life. Additionally, the driver has been directed to pay ₹3 lakh in compensation to the family of the victims. Notably, the Court clarified that this conviction would not have an adverse impact on his employment with the TNSTC.
The Court grounded its decision in the Probation of Offenders Act, 1958, specifically invoking Sections 3, 5, and 11. This ruling comes in response to an appeal filed by the driver against a December 2021 decision by the Madras High Court. While the High Court upheld the driver's conviction, it reduced the sentence from six months of simple imprisonment to three months.
Advocates P Soma Sundaram, Y Arunagiri, and Raghunatha Sethupathy B acted as legal representatives for Elangovan, the convicted driver. Meanwhile, advocates Joseph Aristotle S, Shubhi Bhardwaj, and Vaidehi Rastogi represented the Tamil Nadu government.
Case Title: Elangovan vs. State Represented by Inspector of Police
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