In March, 2020, while going from place A to B on a motor cycle with my friend (I was the rider), I met with an accident on a National Highway with another motor cyclist. We both are saved thanks to helmets. But the other person has succumbed to injuries because he has sustained head injuries owing to not wearing a helmet. That person has come in my lane without any indication and I did everything what a prudent man would do to prevent the mishap. But it was inevitable.
The motor cycle I was riding was my friends'. It has all valid documents such as Third Party Insurance, Pollution Certificate and Registration Certificate (RC). I also have a valid Driving License (DL).
We also sustained injuries. I was not in a position to move on my own and so was my friend and we both were bleeding. Owing to that, we couldn't wait till the police arrive there. We both were taken to the nearest government hospital. Before leaving, I made sure that an ambulance was called for the injured person (later he succumbed). I had the government hospital staff inform the police about the accident. The police had all my details including my phone number.
Three days after the accident, I called the police station and inquired about the well-being of the other person. Then I came to know that the person has succumbed to head injury. I was asked to come to the station. Upon going there, I came to know that they have filed an FIR against me under sections IPC 279, 337 and 304A. I was given the station bail on the same day.
My questions are as follow:
1). Recently I have been selected for a central government job in the inspector cadre. The Police Verification Report (PVR) is yet to be done. Before PVR takes place, I will be asked by the recruiting authority (in this case some department in the Finance Ministry) to disclose if there is any FIR against me. Upon selecting "yes" for the aforementioned question, will it be a reason for them to stall the my recruiting procedure? I have done some research on this question in the internet. I have got conflicting answers. Most of them saying that it won't affect my government job prospects as the charges under IPC Sections 279, 337 and 304A don't attract "Moral Turpitude or Moral Depravity". I would appreciate if any learned person throws light on the same with any degree of certitude.
2). Is there any way that I can settle this case outside the court? I heard this is a non-compoundable case and hence it cannot be. But if there is any chance that it can be settled outside the court, please let me know.
3). Is the testimony of the pillion is valid if it is in my favour as I am the accused one here. If yes, how much weightage is given for the same.
4). Since the accident occured on a National Highway that too at a desolate place, in my opinion, there was no eye-witness who actually saw the unfortunate accident. Everyone gathered after the accident took place. In such cases, what does the police generally do? Will they try to plant some eyewitnesses? If they do it, what should I do?
5). Chargesheet isn't prepared so far. Is there anything I can do now? I sincerely believe that I was not at fault. But since the case in the court will be dragged for years, or months, it will deprive me of my mental peace. I will have to live under constant fear what if some planted witness comes and testifies against me saying that I was the one who was at fault? What can I do about this?
6). I couldn't contact a good lawyer till now, thanks to the pandemic. What kind of a lawyer should I consult? Are there separate lawyers who deal with Motor Accident cases. Is it better if I consult a High Court Lawyer. The case will be heard in a district court I think. Is it better if I consult a retired judge?
7). On the face of it, it looks like he doesn't have any valid documents such as a DL. Does the deceased person not having a valid DL helps my case in any way? Does the deceased not wearing a helmet amounts to contributory negligence on his part?
Thanks in advance
Hey,
To answer your question one by one, we need to understand that there are two separate statutes with deals with such offences. Indian Penal Code, 1860 enumerates offences such rash driving u/s 279. Along with these you have been charged with culpable homicide not amounting to murder and causing hurt by act endangering life of personal safety of other. The other statute is the Motor Vehicles Act.
Now to answer your question:
- Usually for minor and non-life-threatening offences one could say that FIR wont be a huge factor. But your charges are such as culpable homicide not amounting to murder and we need to keep in mind that you are applying for the job of an inspector. Even though these don’t attract "Moral Turpitude or Moral Depravity", they are still pretty serious charges. In 2011 in the case of State of west Bengal & Ors v. Nazural Islam the supreme court has held that a person facing criminal cases cannot be considered suitable for appointment in government service unless acquitted of the charges.
- Criminal cases cannot be settled outside the court. And the charges are non-compoundable because of which they cannot be settled, they can only be quashed. Although, under the Motor Vehicles Act compensation can be provided to the family in the event of death, disability or any injury due to motor vehicle accident. Thus, the trial has to take place if the police goes forward and can’t be settled outside court, but compensation can always be given.
- Yes, such testimony could be taken into consideration.
- That is very subjective and happens more in movies and shows than in real life. You should have faith in the police.
- Again, as stated above, planting of witness is very rare. As far as case going on for a long time is considered, that is something for which nothing can really be done. All the cases in India take a lot of time to reach its judgement due to backlog of crores of cases. Hence Lok Adalat and Motor Accidents Claim Tribunal are there.
- You can consult any lawyer dealing with specifically with motor accidents.
- Deceased not wearing helmet, not having driving license and as stated by you above that the victim had come to your lane without any indication, all these are essential as these help in building a case for you. These could be used by your lawyer. Also, the fact that you insured that the victim reached hospital reflects your good behavior. Court usually takes such things into consideration.
What I would suggest is that you contact a good lawyer at least via phone due to lockdown and once the lockdown is over and its safe to go outside, please consult him. Don’t worry and keep your calm. A good lawyer can surely guide you better.
Hope this helps!
Regards
Palak Singh
