The state government wants the punishment for Nooriya Haveliwala, who allegedly killed two persons including a policeman in a drink-driving incident in January 2010, to be increased to 10 years.
In its application for enhancement of punishment, the state has said that the trial court should have awarded maximum sentence of 10 years, as two persons were killed and four others sustained serious injuries in the accident.
The application states that the trial judge had not given any reason for its decision to award a punishment of five years to Haveliwala. The lesser sentence is unjustified and inadequate, the state said.
The state also filed an appeal against Haveliwala’s acquittal under the Narcotics, Drugs and Psychotropic Substances Act on grounds that she was under the influence of drugs when the incident took place. The trial court should have considered the chemical analysis report, which showed the presence of cannabis establishing that Haveliwala was driving under the influence of drugs, the appeal stated.
Haveliwala too had moved an appeal challenging the five-year rigorous imprisonment on grounds that the trial court had ignored certain evidence that could have acted in her favour.
The court had admitted her appeal following which her counsel Abad Ponda had argued that she should be released on bail considering that she is a woman.
The hearings have been scheduled for January 17, said additional public prosecutor Usha Kejriwal.