|Himachal Pradesh High Court
Mechanical Defect as Defense in Rash Driving Cases | Prosecution Must Prove Failure to Maintain Vehicle : Himachal Pradesh HC
Himachal Pradesh High Court acquits accused in a rash driving case, ruling that a mechanical defect shifts the burden of proof to the prosecution to demonstrate the driver's failure to maintain the vehicle. The judgment clarifies that negligence cannot be presumed without evidence of poor upkeep, impacting road accident litigation under IPC Sections 279, 337, and 338.