Industrialist acquitted in case of letting his minor son drive car
The prosecution's case was that the accused committed the offences under the Juvenile Justice (Care and Protection of Children) Act and the Motor Vehicles Act by allowing his minor son to drive the car in 2013. The police booked the case after a video of the alleged act surfaced on social media. Another minor son of the accused was also seen seated inside the vehicle.
When the case came up for trial, his son, wife, and a watchman from the apartment complex where he was staying, who had been examined as prosecution witnesses, had turned hostile.
His son, now 21 years old, said that he did not remember giving a statement regarding the case while he was in Class IV. He also pleaded ignorance about the reported video that was uploaded to social media.
Nisham's wife also denied giving any statement to the police on permitting the child to drive the vehicle. The watchman stated before the court that he had not seen the boy driving the car.
Acquitting the accused, K. Kamanees, the Additional Sessions Judge, Thrissur, noted that there was no evidence to connect the accused with the alleged offences, and that the prosecution had failed to prove the offences alleged against him. Though the prosecution was given time to produce the certificates warranted under Section 65 B of the Indian Evidence Act to validate the electronic evidence, the prosecution failed to produce them. The court noted that a 'stunningly low level of digital illiteracy prevailed in adducing digital evidence' in the case.
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