Mumbai | Bombay High Court acquits Salman Khan in the 2002 hit-and-run case, and quashes his conviction and 5-year sentence. Justice A R Joshi said prosecution has failed to submit any kind of proof against Salman Khan.
Actor Salman Khan arrives in court to hear verdict on his appeal against conviction in the 2002 hit-and-run case.
Prosecution has failed to establish it’s case against the appellant accused Salman Khan on all charges, the judge says while dictating verdict on hit-and-run case. Justice A R Joshi has said ”On the basis of evidence submitted by the prosecition, salman Khan can not be covicted ”.
On September 28, 2002, the actor’s car had rammed into a shop in suburban Bandra. In the mishap, one person was killed and four others injured. The High Court yesterday observed that prosecution had failed to prove that the actor had consumed liquor and was driving the Toyota Land Cruiser when the mishap occurred.
Justice Joshi also expressed doubts over the statement of key eyewitness Ravindra Patil, former police bodyguard of the actor, recorded by a Magistrate, in which he had implicated the actor.
The Judge said that Patil was a wholly unreliable witness because he had made improvements subsequently in his statement given to a Magistrate. In the FIR filed soon after the mishap, he did not implicate Salman but in the statement he said that Salman was driving under the influence of liquor.
The Judge also expressed a view that the prosecution should have examined Kamaal Khan, singer friend of Salman, who was with him in the car when the mishap occurred on September 28, 2002. As far as the deposition of Ashok Singh, the family driver of Salim Khan, is concerned, it was as per rules and laid down procedures of criminal law, the court said.
This court has come to the conclusion that the prosecution has failed to bring material on record to establish beyond reasonable doubt that the appellant Salman Khan was driving and was under the influence of alcohol, also, whether the accident occurred due to bursting of tyre prior to the incident or tyre burst after the incident., Justice Joshi remarked.
Following is the chronology of events. 2002 September 28: Salman Khan’s white Toyata Land Cruiser crashes into the pavements near American Express Bakery at Hill Road at Bandra, killing one person and injuring four others. Salmans blood samples taken.
He is arrested by Bandra police station, granted bail Salman booked under provisions of IPC, Motor Vehicles Act, 1988 and Bombay Prohibition Act, 1949 October 2002 : Mumcbai Police invoke section 302-II of IPC, which is culpable homicide not amounting to murder which attracts a punishment of jail term of 10 years.
October 7 Salman Khan surrenders before Bandra police station October 21 Mumbai Police files chargesheet in Bandra magistrate court October 24 Salman Khan granted bail 2003 March Salman Khan challenges application of 302-II in Mumbai Sessions court May Sessions court rejects the plea, asks Magistrate court to frame charges June Salman Khan moves Bombay High Court, which opines that section 302-II not application in the case OctoberMaharashtra Government challenges Bombay HC order in Supreme Court December SC rules that the magistrate court may decide whether 302-II could be applied.
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