Wrongly Convicted Database Record
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Charge: |
Negligent Homicide |
Sentence: |
1 day |
Years Imprisoned: |
0.0027 |
Year Crime: |
1994 |
Year Convicted: |
1995 |
Year Cleared: |
2015 |
U.S. State or Country of Crime: |
India |
County or Region of Crime: |
Maharashtra |
City of Crime: |
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Result: |
Judicially Exonerated |
Summary of Case: |
"Baburao Nalge was wrongly convicted on January 18, 1995 of causing death due to rash and negligent driving of a bus on January 9, 1994 in the Indian state of Maharashtra. Nalge was convicted based on the eyewitness testimony of five witnesses that included the father of the deceased bike rider. Nalge was sentenced to one day incarceration and a fine of Rs.400 (Approx. US$13 (31.37 Rs. to US$1). Nalge appealed and his conviction and sentence was affirmed on May 24, 2001. Nalge appealed. On January 6, 2015 the Bombay High Court quashed and set aside Nalge's conviction on the basis the trial judge didn't adequately consider the evidence of the conducter of the bus who provided a statement to the police that Nalge had to veer the bus to avoid hitting a stationary truck, and that the bike rider was not visible until it was too late for Nalge to avoid hitting him, and that the police officer who took the conductor's statement didn't testify. The Court ruled: "...the prosecution has failed to demonstrate that at the relevant time, the applicant was driving his vehicle in rash and negligent manner therefore, he cannot be held responsible for the dash which occurred due to accident only. The Judgment and order of conviction, convicting the accused/applicant for the offences punishable under Section.s. 279, 304(A) of the Indian Penal Code is hereby quashed and set aside."" |
Conviction Caused By: |
Trial judge erred by not examing the police officer who took the bus conductor's statement that established a truck obstructed the road. |
Innocence Proved By: |
"On January On January 6, 2015 the Bombay High Court quashed and set aside Nalge's conviction " |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
21 |
Age When Released: |
21 |
Sex: |
Male |
Skin/Ethnicity: |
Other |
Information Source 1: |
"Baburao Vaijanathrao Nalge v. State of Maharashtra, Criminal Revision Application No. 168 of 2001, " |
Information Location 1: |
http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvYXVyanVkZ2VtZW50cy8yMDE1LyZmbmFtZT1DUlJFVk4xNjgwMS5wZGYmc21mbGFnPU4= |
Information Source 2: |
"MSRTC bus driver's daylong conviction quashed 15 years after incident, By Mustafa Plumber, January 11, 2015" |
Information Location 2: |
http://www.dnaindia.com/mumbai/report-msrtc-bus-driver-s-daylong-conviction-quashed-15-years-after-incident-2051469 |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org