​Bombay high court says 2020 Marine Drive crash was sudden, not culpable homicide, teen had no knowledge collision would be fatal

MUMBAI: The circumstances in the May 12, 2020, car crash at Marine Drive in Mumbai that killed one was accidental in nature and can be attributed to a negligent act, not a case of culpable homicide, said Bombay High Court while upholding a trial court order to drop the more serious charge against a teen.Shourya Jain, 19, cannot be said to have had any knowledge that his act was likely to cause the death of his 18-year-old friend sitting in his car at the time.The Mumbai police booked Shourya Jain, then 19 years old, under Section 304 (II) of the Indian Penal Code, for an offence where death is caused by an act done with knowledge that it may lead to end a life. The offence attracts up to 10 years' imprisonment. The prosecution's case was that Jain drove the car rashly and hit a stationary bus, thus causing the death of the son of Rajesh Nagpal, who was in the car, alleging that he had no driving licence then and had sped and collided with a stationary bus, leading to his friend’s death after over a week's hospitalisation with injuries.A sessions court Judge in Mumbai in Oct 2024 dropped the Section 304(II) IPC against Jain as it said, “It needs to be noted that this is not a case of drunk and drive to attribute knowledge of an untoward incident ... the applicant-driver (Jain) himself suffered severe injuries in the incident. The incident can at the most be the result of rash or negligent act of the applicant.”The accused went to Jai Hind College from his Napeansea Road home, the HC noted, and the duo were heading home together while other friends were travelling in other cars.Nagpal challenged the trial court relief to Jain before the HC. Last month, Justice SG Dige, rejecting the father's plea, said, "The question that arises is whether (Jain) had knowledge at the time of accident. In my view, (he) was driving the vehicle along with the deceased and suddenly his car collided with a stationary bus ... the incident occurred suddenly ... he also sustained injuries."Jain now faces charge of driving vehicle without licence and for rash and negligent driving causing death of others."To attract Section 304-II of IPC, the accused must have the knowledge that the act is likely to cause death," the HC said and observed that documents produced in court show the accused had basic driving skills and the collision was sudden, neither intentional nor with knowledge.