Alistair Pereira files appeal in HC for acquittal

Mumbai, May 10 (UNI) Alistair Pereira, convicted in the hit-and-run case of last year, today filed an appeal in the Bombay High Court challenging the verdict of the trial court which sentenced him to six months simple imprisonment for rash driving.

In November last year, Pereira overran the labourers sleeping on the pavement in suburban Bandra, killing 7 of them on the spot and injuring 8 others.

On April 13, Additional Sessions Judge Ajit Mishra convicted Alistair under sections 304(A) and 337 of the Indian Penal Code (IPC) and sentenced him to undergo six months simple imprisonment, apart from imposing Rs five lakh as fine. He subsequently resigned from the post after HC raised objection over the sentence.

Alistair has challenged the trial court verdict primarily on the ground that the ingredients which formed basis of his conviction were not proved in the trial court.

In the appeal, he has contended that the conviction under section 304(A) of the IPC, for negligent driving, must be held void as the charge was not at all framed in the trial court.

Apart from that, Alistair has also raised questions about photographic evidence and reports of chemical analyser. The appeal has come when a division bench, comprising Chief Justice Swantater Kumar and Justice S C Dharmadhikari, is seized of suo motu proceedigns initiated after taking note of hue and cry over the outcome of the case and general perception that Alistair has been let off on minor sentence.

The court had also directed the investigating officer of the case to enquire how Pereira managed to raise the fine amount of Rs five lakh rupees within a short time.

Raising severe doubts over the investigation and prosecution in the case, the court has directed Mumbai Police Commissioner to look into those aspects.

UNI