How much sentence should one get for mowing down seven persons sleeping on the pavement ?
While a sessions court had awarded just six months jail to Alistair Pereira due to the want of enough evidence, the Bombay High Court, which had reopened the case after the public outcry against the verdict, on Thursday enhanced the sentence to three years hard labour.
21-year old Alistair is the son of a rich businessman and was returning in car on the night of November 12, 2006, along with friends after attending a lavish party in South Mumbai. Seven construction workers, who were fast asleep on the pavement at Carter Road in Bandra suburb were crushed under the tyres of his Toyota Corolla, while eight others were injured.
Alistair and his friends fled the spot and were arrested the next day. The FIR had stated that Alistair had taken alcoholic drinks and was driving the car.
The division bench comprising the Chief Justice Swatanter Kumar and Justice Ranjana Desai said “he (Alistair) doesn’t deserve any uncalled for sympathy”, and enhanced his sentence to three years.
The sessions court had held him guilty under Section 304 (A) of the Indian Penal Code (IPC), which deals with causing death by negligence and rash driving, and sentenced him to six months simple imprisonment and a fine of Rs five lakh on April 13 this year.
Following a media campaign, the high court reopened the case on May 3 and the Maharashtra government too filed a review application in the court against the lower court’s verdict.
The high court found Alistair guilty under Section 304 (II), which deals with an act which is done with the knowledge that it is likely to cause death, but without any intention to cause death, or to cause such bodily injury as is likely to cause death. The fine of Rs five lakh was maintained by the high court.
He has been sentenced to three years’ RI under Section 304, one year under Section 338 and six months for causing grievous injuries. All sentences, however, will run concurrently.
Bollywood actor Salman Khan too is facing a similar hit-and-run case and the trial is proceeding in a metropolitan court.
