Bombay HC acquits Salman Khan
Bombay HC acquits Salman Khan
New Delhi,10 December: The Bombay High Court has acquitted actor Salman Khan in the 2002 hit-and-run case on Thursday and quashed the sessions court’s five-year sentence.The court observed that the actor could not be convicted on the basis of the evidence produced by the prosecution in the case. On September 28, 2002, Salman’s car had rammed into a bakery shop in suburban Bandra. One person was killed and four others were injured in the mishap. Earlier on Wednesday, the court had ruled that there was no evidence to prove that Salman was drunk or driving the ill-fated Toyota Land Cruiser on September 28, 2002 when it met with an accident and mowed down one pavement dweller and injured four others. Justice A R Joshi said in his judgement that the appeal is allowed. The trial court’s verdict is quashed and set aside. Salman is acquitted of all charges. Judge said that the prosecution failed to establish its case against the appellant-accused (Salman) on all charges.
The burden is on the prosecution to establish the guilt of the accused and this needs to be done beyond reasonable doubt. There are various shortcomings by the prosecution like not recording evidence of necessary and important witnesses and omissions. There are contradictions in the evidence of injured witnesses, which definitely create a doubt about the involvement of Salman for offences for which he has been charged. On the basis of such evidence, Salman cannot be convicted. Justice joshi pointed out that the investigation was conducted in a faulty manner with many loose ends and as such, benefit of this had to be given in favour of the accused.The trial court erred in accepting bills (of Rain Bar and Restaurant where Salman had gone before the mishap) without a panchnama. The judge said he is of the considered view that the appreciation of evidence done by the trial court while convicting the appellant was not proper and legal, as per the principles of criminal jurisprudence.
Chronology of Salman Khan hit-and-run case
Salman Khan was accused of culpable homicide not amounting to murder in the hit-and-run case, a charge that carries a maximum penalty of ten years in prison.Now he is a free man. Following is the chronology of events in the 2002 hit-and-run case:
September 28, 2002: Salman’s white-colour Toyata Land Cruiser crashes
into American Express Bakery at Hill Road at Bandra killing one person
and injuring four others.
September 28: Salman’s blood samples taken.
September 28: Salman arrested by Bandra police, granted bail.
October 1, 2002: Salman booked under provisions of IPC, Motor Vehicles
Act, 1988, and Bombay Prohibition Act, 1949 Oct 2002: Mumbai Police
invokes section 304-II of IPC i.e culpable homicide not amounting to
murder which attracts punishment of jail term of 10 years.
October 7, 2002: Salman surrenders again before Bandra police, he is arrested.
October 21, 2002: Mumbai police files charge sheet in Bandra magistrate court.
October 24, 2002: Salman granted bail.
March 2003: Salman challenges application of section 304-II of IPC in
Mumbai sessions court.
May 2003: Sessions court rejects the plea, asks magistrate court to
frame charges.
June 2003: Salman moves Bombay High Court, which opines that section
304-II of IPC not application in the case.
Related read: Iulia Vantur in town to be with Salman Khan ahead of
Bombay High Court verdict?
October 2003: Maharashtra government challenges Bombay HC order in
Supreme Court.
December 2003: SC rules that the magistrate court may decide whether
section 304-II of IPC could be applied.
October 2006: Magistrate frames charges against Salman.
October 3, 2007: Police bodyguard Ravindra Patil, who filed the first
FIR, dies of TB.
October 2011: Prosecution demands Salman must be tried under harsher sections.
December 23, 2013: Additional Chief Metropolitan Magistrate V S Patil,
after examining 17 witnesses, invokes the charge of culpable homicide
not amounting to murder on the actor and refers the case to sessions
court for trial.
June 24, 2013: Sessions court holds that culpable homicide charge is
applicable, rejects Salman’s appeal against the order of magistrate.
April 27, 2014: Fresh trial begins in sessions court, first witness deposes.
July 24, 2014: Charges framed against Salman in fresh trial by sessions court.
July 2014: Files in the case disappear from Bandra police station.
Original statements of 63 witnesses reported missing. Court orders
inquiry.
September 12, 2014: Files found and produced before court.
September 2014: Pradeep Gharat appointed Special Public Prosecutor in this case.
March 25, 2015: Prosecution closes evidence after examining 24 witnesses.
March 27: Salman’s statement recorded under section 313 CrPC by Additional Sessions Judge D W Deshpande.
March 31: Salman’s driver Ashok Singh examined as defence witness,
says he was driving the car and not the actor.
April 1: Prosecution begins arguments.
April 10: Salman’s lawyer begins arguments.
April 20: Arguments conclude.
April 21: Court says it would give judgement on May 6.
May 06, 2015: Salman Khan sentenced by a sessions court to five
years’ rigorous imprisonment in the 2002 hit-and-run case, but he
swiftly moved the Bombay High Court which granted him interim bail
till May 8 to hear his appeal against conviction.
July 30, 2015: Arguments begin in Bombay High Court
August 25, 2015: Documents missing in paper book, claims actor’s lawyer
September 7, 2015: Don’t hear Salman Khan’s case out of turn, murder
convict pleads court
October 13, 2015: Evidence of eyewitness introduced at fag end, says
Salman Khan’s lawyer
October 19, 2015: There was no evidence to prove that Bollywood
superstar Salman Khan had taken drinks and was driving the car on the
day in 2002 when it rammed into a bakery in suburban Bandra, killing
one and injuring four, his lawyer argued in the Bombay High Court
October 29, 2015: Fingerprints not taken from steering wheel, says
defence lawyer
November 17, 2015: Driver came up to save Salman 13 yrs after mishap,
says prosecution
December 7, 2015: Bombay HC begins dictation of verdict
December 10, 2015: The Bombay High Court acquits Salman Khan, while
the state government contemplates whether to appeal against the
acquittal in the apex court.
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