A Mumbai court has acquitted a 21-year-old woman accused of driving on the wrong side of the road. Mumbai Police have been unable to prove that a Twitter photo of the incident was electronic evidence.
Metropolitan Magistrate, Girgaon Court, NA Patel, has acquitted the woman of the offenses registered under Section 279 of the Indian Penal Code (Reckless Driving), 336 (Act endangering the life and safety of others) and relevant provisions of the Motor Vehicle Act on February 20, 2023.
The court order has recently been made available.
The police had registered a case against the woman for allegedly riding a two-wheeler on the wrong side of the road in the Gaondevi area based on a photo shared on Twitter by a cyclist. The alleged incident had taken place on May 18, 2022.
During the trial, the court questioned three people: a member of the Twitter self-help group, the investigating officer and the cyclist.
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The court finds that with regard to the evidence of the member of the Twitter helpline group and the cyclist, both were not present at the scene.
“It is specifically stated by Prosecutor One (member of the Twitter helpline group) that she received the message on Whatsapp that a girl was driving on the wrong side and reported to the FIR on that basis. Prosecutor Three is simply a police officer” the court said in the order.
“In this case, the photos tweeted by the prosecution witness (cyclist) are crucial. The copy of that is also registered, as it is uploaded on Twitter and a printout is made from a PC or mobile; it is electronic evidence ‘ he said, while a certificate under Section 65B of the Evidence Act must be added to prove the same.
“However, the prosecution failed to submit the certificate. Thus, the copy of the electronic evidence is not proven by the prosecution. In the absence of crucial evidence, therefore, the prosecution’s story is in the shadow of doubt,” the court said. added.
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