Click to play videoMumbai: More trouble seems to be brewing for Allister Pereira—the key accused in the Mumbai hit and run case, who ran over and killed 7 footpath dwellers on November 12, 2006.
Though the local sessions court let him off with just 6-months imprisonment, the prosecution is now gunning for harsher sentence. The Bombay High court took suo-moto cognizance of the case and the possible miscarriage of justice. The state is now demanding that Pereira must be tried for murder.
“Pereira may be tried for murder. A higher punishment is needed may be up to 10-years Section 304 A should be made non-bailable,” says advocate Neetin Pradhan.
Several loopholes indicate the shoddy nature of investigation and the prosecution's lapses while presenting the case in the court. There are several unanswered questions that point foul play. For example: why were the statements of Allister's co-passengers not recorded and presented in the court? What was the reason that the police did not submit the chemical analysis report, which implicated Allister of drunken driving? Why were documents regarding extent of injuries not submitted in the court?
Also how did the police submit pictures of the location, which did not match those taken by the police photographer?
“I assure that if there is any lapse on our part in the investigation, proper action will be taken,” said D N Jadhav, Commissioner of Police.
For now, the police seem to be in a damage control mode, determined to take corrective action. The High Court has now set May 3 as the next date for hearing the case.
Allister Pereira: Charges and Punishment | |
 | Acquited of 304 (2) culpable homicide not amounting to murder |
| Guilty of 304 (a) non-culpable homicide |
| Guilty of rash and negligent driving |
| Guilty of 337 causing injury |
Punishment update | |
| 6 months imprisonment for Section 304 (a) |
| 15 days for Section 337 |
| Fine of Rs 5 lakh |
| 4.5 lakh to be distributed to family of injured and dependants of deceased in the ratio of 2:1 |
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