MUMBAI: Thirty-three years after his
taxi
rammed into four pedestrians when a gang of robbers threatened him at razor point and forced him to help them flee,
Bombay high court
has acquitted the cab driver for
rash driving. Justice Sarang Kotwal said Hamza Ansari could not be blamed for the injuries as he was exercising his right of private defence.
“Ansari has proved he was made to drive the taxi at razor-point and he himself suffered an injury on his neck. It is his case that he was under real and reasonable apprehension of suffering grievous injury or even of death at the hands of the culprits who had forcibly entered his taxi. Therefore, it cannot be said he drove his taxi rashly and negligently on his own volition. He was forced to do so,” said justice Kotwal. “Though four innocent pedestrians suffered minor injuries, Ansari cannot be held guilty of causing those injuries. He was deprived of his free will...” added the judge.
The
court
gave him benefit under section 106 of the IPC that says a person is entitled to exercise his private defence even though some innocent person may be harmed by his act.
Shibu Thomas is a special correspondent at The Times of India in ...
Read MoreShibu Thomas is a special correspondent at The Times of India in Mumbai. He writes on legal issues in the Bombay high Court and other courts in the city. He has written on PILs filed by citizens, human rights violations and prisoners caught in the legal system. He has travelled across two continents and plans to cover the remaining five.
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