Panaji: A North Goa sessions court has upheld the conviction of Dheeraj David Jose, 27, for causing the death of his 19-year-old pillion rider by negligent driving in a 2018 road accident, dismissing his appeal against the trial court’s order.The court also rejected a separate appeal filed by the victim’s father seeking enhancement of Jose’s sentence, observing that such an appeal was not maintainable at his instance.The sessions court held that the trial court had correctly appreciated the evidence on record and rightly convicted the accused. It directed Jose to appear before the trial court on July 6 to pay the fine imposed.In June last year, the trial court convicted Jose for causing death by negligence not amounting to culpable homicide. However, it extended him the benefit of the Probation of Offenders Act, releasing him on a one-year bond of good behaviour. He was also directed to pay a fine of Rs 10,000.The accident occurred on the Agasaim bypass road when Jose was riding his Honda Aviator scooter from Panaji towards Margao with the victim as his pillion rider. The prosecution alleged that he was riding at a high speed in a rash and negligent manner, endangering human life. He allegedly lost control of the scooter, which veered off the road, throwing both riders to the ground. While both sustained injuries, the pillion rider later succumbed to her injuries at GMC.An eyewitness testified that he saw Jose riding in a zigzag manner while repeatedly turning around and arguing with the pillion rider. He told the court that the scooter suddenly left the road, flinging the victim onto the roadside. The witness said he stopped his car and found the young woman unconscious and bleeding from a head injury.Jose argued that he had also suffered injuries in the accident and had been hospitalised. His counsel contended that the road was under construction, with potholes, sand, pebbles, debris and bridge construction material scattered at the site. The defence also argued that the accident occurred around 4am when there were no streetlights.Rejecting the contention, the court observed that if the road conditions were poor, Jose ought to have exercised greater caution while riding instead of blaming the condition of the road for the accident.The court also noted that although no alcohol estimation test had been conducted and Jose was not charged with drunken driving, there was sufficient evidence on record to establish his rash and negligent driving, warranting his conviction.
