The apex court, which concurred with the Bombay High Court's verdict holding him guilty for the offence said the sentence could not be enhanced as Maharashtra government has not challenged it.
The Supreme Court today upheld the conviction and three years jail term awarded to Mumbai-based businessman Alistair Pereira for mowing down seven persons by his car driving in an inebriated condition in 2006 but said the punishment for the "despicable aggravated offence" was "too meagre".
The apex court, which concurred with the Bombay High Court's verdict holding him guilty for the offence said the sentence could not be enhanced as Maharashtra government has not challenged it.
It cancelled the bail of Pereira and directed him to "forthwith" surrender for undergoing the remaining sentence as awarded by the High Court by its September 6, 2007, judgement on the incident of November 12, 2006.
The apex court refused to take a lenient view of the offence saying "the facts and circumstances of the case which have been proved by the prosecution in bringing home the guilt of the accused under Section 304 Part II (culpable homicide not amounting to murder) of IPC undoubtedly show despicable aggravated offence warranting punishment proportionate to the crime".
"Seven precious human lives were lost by the act of the accused (Pereira). For an offence like this which has been proved against him, sentence of three years awarded by the High Court is too meagre and not adequate but since no appeal has been preferred by the State, we refrain from considering the matter for enhancement," a bench comprising justices R M Lodha and J S Khehar said.
The apex court also rejected the plea that Pereira was only 20-years-old when the accident had happened and that he be given the benefit of probation for good conduct or for any reduction of sentence as he had already spent two months in jail before being granted bail and paid compensation of Rs 8.5 lakh to the victims.
"By letting Pereira away on the sentence already undergone i.e. two months in a case like this, in our view, would be a travesty of justice and highly unjust, unfair, improper and disproportionate to the gravity of crime.
"It is true that the appellant has paid compensation of Rs 8.5 lakh but no amount of compensation could relieve the family of victims from the constant agony.
"As a matter of fact, the High Court had been quite considerate and lenient in awarding to the appellant sentence of three years for an offence under Section 304 Part II (culpable homicide not amounting to murder) of IPC where seven persons were killed.
"We are satisfied that the facts and circumstances of the case do not justify benefit of probation to the appellant for good conduct or for any reduction of sentence," Justice Lodha, writing for the bench, said.
The bench agreed with the High Court's verdict saying the evidence against Pereira "prove beyond reasonable doubt that he can be attributed with knowledge that his act of driving the vehicle at a high speed in rash or negligent manner was dangerous enough and he knew that one result would very likely be that people who were asleep on the pavement may be hit, should the vehicle go out of control."
The High Court had enhanced the six month imprisonment awarded by the trial court to three years and also imposed a fine of Rs 5 lakh.
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