Ahmedabad:
Vismay Shah, who was awarded a five-year jail term in the 2013 BMW hit-and-run case by a local court yesterday, filed a petition in the Gujarat High Court on Tuesday against his conviction.
"We filed the plea in the High Court today, challenging the order of the Sessions Court (which convicted Shah in hit-and-run case) on the ground that the prosecution has not proved its case that he (Vismay) was driving the car when the incident occurred," Advocate Maunish Pathak, who filed the plea for Shah, told PTI.
One prosecution witness told the court that he had seen him (Vismay) but had not stated that before the inevstigating officer two years back, said Mr Pathak.
Yesterday, Additional Sessions Judge P M Patel had awarded the sentence to Vismay and also imposed a fine of Rs 25,000 convicting him under IPC sections 304(2) for culpable homicide not amounting to murder and 279 for rash driving.
28-year-old Vismay was also convicted under IPC sections 427 (mischief causing damage) along with various sections of Motor Vehicle Act.
The court had directed Shah to pay a compensation of Rs five lakh each to the families of the two youths killed in the accident.
The mishap had occurred in February 2013, when Shah, who was driving his BMW car at a speed of about 110 kmph on busy Judges Bungalow Road of the city, rammed it into a motorcycle killing engineering student Shivam Dave (25) and his friend, Rahul Patel (21), near Premchandnagar here.
The plea is likely to come up before the Gujarat high court today.