Drivers have no fear, sure of acquittal

KOZHIKODE: Most road accidents in Kerala are caused by careless driving and the accused often get away without conviction. Even when deaths are caused, the cases are settled out of court so that there is no fear of punishment among the drivers, according to transport and police officials.

In 2013,  4,258 persons were killed in  35,215 road accidents. But only the minimum number of accused were  convicted by the courts as FIRs are filed by the police under IPC section 304 and 304 (a).  

Deccan Chronicle has learnt that  the State Crime Records Bureau does not have any cumulative data on the  conviction rate in fatal accident cases. The officials told DC that  the district police might  have the district-wise records. But they agreed that the conviction rate was too minimal  as many cases were compromised out of court and many ended up in acquittals because of poor framing of charges or due to witnesses turning hostile.

“The conviction rate in fatal accident cases could be as minimal as two percent. The victims in the accidents get the insurance and they settle  the cases out of court. In cases under  trial, witnesses turn hostile and the accused are acquitted,” said City Police Commissioner A.V. George.

The officials agreed that the poor rate of conviction encouraged careless driving. If police arrest the accused in a fatal accident case, the driver comes out on bail  the same day. This case is then either settled out of court or taken to the court after several and it  ends up in acquittal.

“If  stringent punishment is ensured, the attitude of drivers will change. They will be more careful on roads fearing imprisonment. But at present the conviction rates are so poor and the drivers know that they can get away even if their carelessness costs a life,” Mr Rajeev Puthalath, Regional Transport Officer, Kozhikode, said.