A court at Perinthalmanna has released on probation a KSRTC bus driver convicted for rash and negligent driving and causing a crash in which 30 passengers were injured.
Sending the driver on probation for good conduct for a year instead of sending him to jail under Indian Penal Code sections 279, 337 and 338 is expected to make a larger impact on road safety.
In his judgment delivered on Monday, Judicial First Class Magistrate II Yahya T.K. found KSRTC driver Sunil from Ooralur, Koyilandy, guilty of throwing caution to the wind when he sped his bus and rammed a tanker lorry at an S-shaped curve at Punarpa, between Malappuram and Perinthalmanna, in the early hours of November 12, 2013.
Mr. Sunil had not heeded the warning given by some passengers against speeding. One of the injured women who lost three of her teeth in the accident stood firm with the prosecution when a few other witnesses turned hostile.
As part of the probationary sentence, the judge has directed Mr. Sunil to display the contact number of the district probation officer of Kozhikode in a manner visible to the passengers of the bus that he operates. As per the judgment, the content of the notice to be displayed in the bus can be: “In case of rash or negligent driving, contact the probation officer at this number.”
Mr. Sunil will have to attend a driver’s training programme at the Institute of Driver Training and Research Centre (IDTR), Edappal, at least for a day under the supervision of the Malappuram district probation officer. “He shall be imbued with qualities of cautious and compassionate driving skills,” said the judgment.
During the probation period, Mr. Sunil will be under the surveillance of the Kozhikode district probation officer, who will report to the court every three months.
Mr. Yahya issued the rare judgment after considering the district probation officer’s report about Mr. Sunil’s antecedents and family background.. The judge also considered Mr. Sunil’s financial liabilities and his family situation when issuing the verdict.
“Sending the accused to prison at once would not only affect his public employment, but his family as a whole would be knocked down,” said the judge.
Quoting a Supreme Court order in Dalbir Singh v. State of Haryana and seven others, the judge said: “A professional driver pedals the accelerator of the automobile almost throughout his working hours. He must constantly inform himself that he cannot afford to have a single moment of laxity or inattentiveness when his leg is on the pedal of a vehicle in locomotion.”
Malappuram district probation officer Sameer Machingal said that it was an exemplary judgment in a routine accident case. “The aim of any sentence is to reform the convict. Just by awarding a jail sentence or fine may not bring about the desired result. I think this year-long probation, instead of sending the convict for two years in prison, sends a larger message to the society,” said Mr. Machingal.
