A day after he was sentenced to five years imprisonment in the 2013 BMW hit-and-run case, Vismay Shah on Tuesday moved the Gujarat High Court challenging the trial court’s order.
The matter will be heard on Wednesday by Justice S G Shah.
Vismay challenged the trial court’s order on the grounds that while holding him guilty, it overlooked lack of evidence in the case against him. He challenged the lower court’s reliance on the testimony of Mitesh Shah, who was not even an eyewitness.
In his appeal, Vismay (26) stated that when the eye witnesses turned hostile, how can a witness who was not even present at the spot could be relied upon to the extent that his testimony would become the base of the court’s order.
Additional Sessions Judge P M Patel on Monday had found Vismay, a businessman and son of a city-based doctor, guilty of rash driving and negligence causing a fatal accident under Section 304, part- II (culpable homicide not amounting to murder) of the IPC. The court ordered Vismay to pay Rs 5 lakh as compensation to each of the two families of the victims. Besides, Shah was also fined Rs 25,000.
In the accident occurred on February 24, 2013, near Lad Society, Judges Bungalow, at Vastrapur in Ahmedabad, two youths — Shivan Dave (25) and Rahul Patel (21) — were killed.
The police had recorded statement of 33 witnesses, including Lalit Gupta and Dinesh Chaudhary who had turned hostile during the trial.