Slamming the prosecution yet again on how businessman Alistair Pereira was allowed to get away with a light punishment in a hit and run case, the Bombay High Court on Thursday ordered the police commissioner to look into the 'entire investigation and prosecution'.
Observing that 'no concession can be made to the state for such an insensitivity in a case where seven people lost their lives', the Bombay High Court posed several questions for the Advocate General Ravi Kadam putting the prosecution in the dock for the 'pathetic' probe.
The division bench of Chief Justice Swatanter Kumar and Justice S C Dharmadhikari asked Kadam why Pereira was not charged under certain other sections of IPC, such as 279 (Rash driving on road), 336 (act of endangering other's lives), 338 (causing grievous hurt by act of endangering other's lives), among others.
The court, which is hearing the suo motu application regarding the 'lapses' in prosecution as well as state's appeal against six months' sentence awarded to Pereira by the trial court, adjourned the matter till June 6.
The judges asked Kadam about certain loopholes in the prosecution, such as why Alistair's friends travelling in the car with him were not examined in the Sewri sessions court trial.
The court also grilled Kadam as to why the prosecution failed to prove its contention that Pereira was drunk beyond pemissible limits when the mishap -- killing seven labourers -- took place last November.
Kadam had to concede that public prosecutor in the trial court 'did not show presence of mind' while pleading the police's case. Pereira, present in the court, sought adjournment as his lawyer was out of the country.
Some of the victims of the accident and their relatives too were present.
Among other things, the court also ordered the investigating officer of the case to verify whether the heirs of the victims got the compensation deposited by Pereira in lower court.
The judges were especially concerned about the minor heirs, fearing that they would not be able to invest the compensation amount properly -- if they have received it.
So the IO has to verify this aspect too, court said, to 'ensure livelihood and avoid starvation', which might befall them after losing parents in the mishap.
Pereira himself came in for some sharp scrutiny as the court pointedly asked him how he managed to deposit the compensation amount of Rs 5 lakh in the lower court, within half an hour of the announcement of sentence.
The lower court announced the sentence at around 4 pm on April 13 and by 4.30 pm he had deposited the sum, by his own admission. He was later released on bail.
"Where did you get Rs 5 lakh from," judges asked Pereira and directed the investigating officer to find out how such a huge sum was arranged.
According to police, Alistair was drunk when the mishap took place, but it was not proved in the trial court.
The court sentenced him under Section 304 (A) (causing death by negligence), awarding him simple imprisonment of six months.
The verdict led to outrage and the High Court last month itself issued notice to the state, seeking explanation for the prosecution's 'failure'.
The state too challenged the verdict and pleaded enhancement of sentence.
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