Salman Khan photographed in Mumbai.
Mumbai:
The Bombay High Court dismissed an application on November 30 filed by actor Salman Khan, sentenced to a five-year jail term in the 2002 hit-and-run case, seeking examination of his friend and singer Kamaal Khan as a witness by the prosecution.
Mr Khan had filed the application on November 16 before Justice A R Joshi, who is hearing the actor's appeal against the conviction and sentence handed over to him by a sessions court regarding the case.(Also Read: Salman Khan Hit-and-Run: Prosecution Opposes Plea to Examine Kamaal Khan)
Under section 391 of Criminal Procedure Code, the High Court can summon a witness while hearing an appeal "if it thinks additional evidence to be necessary."
However Justice Joshi refused to summon Kamaal on November 30. "Recourse to section 391 is taken only in special cases where circumstances specially warrant it. There is nothing in the present case to entertain the application filed by the appellant (Mr Khan) and summon Kamaal," said Justice Joshi.
"There is nothing to show that. But for the substantial evidence of Kamaal, no decision can be taken in the appeal. If there is no dire need for the examination of Kamaal and if the material available can be analysed in itself, then in the considered view of this court, recourse to section 391 is not the ultimate requirement," added Justice Joshi.
Justice Joshi also said that when the prosecution told the sessions court while examining its witnesses that Kamaal could not be traced, Mr Khan did not call him as the defence witness.
"The appellant (Mr Khan) chose to call Ashok Singh as a defence witness at the end of the trial before the sessions court. However, Mr Khan did not call Kamaal as the defence witness," said Justice Joshi.
Kamaal, who according to the prosecution and defence was present in the car prior to and at the time of the accident in September 2002, had not appeared before the magistrate court to record his evidence. His statement was recorded by the police in 2002 under section 161 of CrPC.
Mr Khan had filed the application on November 16 before Justice A R Joshi, who is hearing the actor's appeal against the conviction and sentence handed over to him by a sessions court regarding the case.(Also Read: Salman Khan Hit-and-Run: Prosecution Opposes Plea to Examine Kamaal Khan)
Under section 391 of Criminal Procedure Code, the High Court can summon a witness while hearing an appeal "if it thinks additional evidence to be necessary."
However Justice Joshi refused to summon Kamaal on November 30. "Recourse to section 391 is taken only in special cases where circumstances specially warrant it. There is nothing in the present case to entertain the application filed by the appellant (Mr Khan) and summon Kamaal," said Justice Joshi.
"There is nothing to show that. But for the substantial evidence of Kamaal, no decision can be taken in the appeal. If there is no dire need for the examination of Kamaal and if the material available can be analysed in itself, then in the considered view of this court, recourse to section 391 is not the ultimate requirement," added Justice Joshi.
Justice Joshi also said that when the prosecution told the sessions court while examining its witnesses that Kamaal could not be traced, Mr Khan did not call him as the defence witness.
"The appellant (Mr Khan) chose to call Ashok Singh as a defence witness at the end of the trial before the sessions court. However, Mr Khan did not call Kamaal as the defence witness," said Justice Joshi.
Kamaal, who according to the prosecution and defence was present in the car prior to and at the time of the accident in September 2002, had not appeared before the magistrate court to record his evidence. His statement was recorded by the police in 2002 under section 161 of CrPC.
