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Three-year RI for Alistair Pereira

MUMBAI: Alistair Pereira, who got away with six-month imprisonment awarded by the trial court for causing the death of seven persons and injuries to seven others in a hit-and-run accident here in 2006, was on Thursday handed three-year rigorous imprisonment by the Bombay High Court.

A Bench set aside the lighter sentence, noting there was no need to sympathise with Pereira (23), who ran over construction workers on the night of November 12, 2006, on Carter Road at Bandra.

In April 2007, the trial court said evidence was not enough to prove that he attracted the stringent sections of the Indian Penal Code, and the police investigation was careless. However, the State filed an appeal for enhancement of the punishment, and Pereira too moved an appeal opposing his conviction.

Chief Justice Swatanter Kumar and Justice Ranjana Desai said, “The accused does not deserve any uncalled [for] sympathy on the question of quantum of sentence.” Considering alcohol tests, overspeeding and his trying to escape, the Bench increased the punishment.

While dismissing his application of probation, the Bench came down on his behaviour. “The record of the case exhibits the most callous attitude on the part of the accused. He acted in a most irresponsible manner, breached not only law but even social obligations and failed to take requisite precautions and drove the car in a rash and negligent manner.”

The judges found Pereira guilty under Section 304 (II) (act 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), 338 (causing grievous hurt by an act endangering the life or personal safety of others) and 337 (causing hurt by an act endangering the life or personal safety of others) of the IPC.

The Bench also imposed a fine of Rs.5 lakh on him. The court later in the day directed him to surrender and said his bail application would be heard later.

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