Mumbai : Alistair Pereira, the 21-year-old businessman sentenced to six months jail for killing seven pavement dwellers, Thursday moved the Bombay High Court, seeking his acquittal while challenging his conviction by a fast track court last month.
A sessions court at Sewree convicted Pereira under section 304 (a) (causing death by rash and negligent act) on April 13, awarding him a mere six months' simple imprisonment, and imposing a fine of Rs.500,000, to be paid to the victims of the accident.
Pereira has moved the high court for acquittal on the grounds that he was convicted under Section 304 (a) of the Indian Penal Code (IPC), which did not figure in the charge sheet. His application also states that statements of the witnesses were contradictory.
Earlier the court had taken a suo moto cognisance of the case after which the state government filed an appeal challenging the order.
During a hearing last week, a division bench comprising Chief Justice Swatanter Kumar and Justice S.C. Dharmadhikari had lashed out at the Mumbai police and the prosecution.
The high court had directed the police commissioner to look into the matter and submit a report by June 6 on the loopholes in the investigations.
Additional Sessions Judge Ajit Mishra, who handed a six-month imprisonment to Pereira, had resigned last week.
On Nov 12 last year, the seven labourers were run over by the Toyota Corolla driven by Pereira in suburban Bandra.