A local court has awarded five years’ rigorous imprisonment to a woman who drove over a three-year-old boy while speaking on a mobile phone in Peer Muchalla, Dhakoli, in November 2023.

Additional sessions judge Navdeep Kaur Gill convicted Renu Sirohi under Section 304 Part-II (culpable homicide not amounting to murder) of the Indian Penal Code, holding that she knew that her act – of talking over phone while driving – was likely to cause death, even though she had no intention to kill the child. The court also imposed a ₹20,000 fine on her. In case she defaults on the payment, she will have to undergo two additional months’ behind bars.

The court further observed that her decision to flee after hitting the boy, was also relevant in determining her knowledge of the likely consequences.

The incident had taken place around 2 pm on November 2, 2023, when the toddler was near the main gate of his house. His father told the court that a grey Maruti Swift Dzire hit the child and drove away. He took the boy to the civil hospital in Sector 6, Panchkula, where doctors declared him dead.

Father’s testimony, CCTV footage all proved guilt

The court relied on the father’s testimony, closed-circuit television (CCTV) camera footage and other evidence linking Sirohi to the car, bearing registration number CH-01-AW-9919.

Sahil Sharma, the man who had lent her his family car, also testified in court that he had handed over the vehicle to Sirohi that day after borrowing her scooter to collect blood samples. The vehicle belonged to his father, Naresh Kumar.

The CCTV footage, downloaded from a neighbour’s house, showed the car hitting the child. A photograph extracted from it showed the woman driving while holding a mobile phone in her left hand. Neighbour Navjot Singh furnished a certificate under Section 65-B of the Indian Evidence Act to establish the footage’s authenticity.

The court rejected the defence challenge to the identification and CCTV evidence. It held that the evidence established beyond reasonable doubt that Sirohi was driving the car and that her act caused the child’s death.

Woman sought leniency, denied

During the sentencing hearing, her counsel sought leniency, saying she was a first-time offender, was married and had two school-going children and a husband to look after. The prosecution opposed leniency and sought the maximum punishment.

The judge observed that sentencing must balance deterrence and correction and that punishment should be proportionate to the crime. The court said it considered the nature and gravity of the offence, the circumstances, and the convict’s age, character and antecedents before concluding that five years’ imprisonment would meet the ends of justice. It also directed that the period Sirohi already spent in custody during the investigation or trial be set off against her sentence.