Mumbai: The lawyer of Bollywood actor Salman Khan, who has filed an appeal against his conviction and five years' prison term in the 2002 hit-and-run case, told the Bombay High Court on September 21 that testimonies of the prosecution witnesses were 'inconsistent and unreliable.' (Also Read: )
The sessions court had on May 6 found Mr Khan guilty of ramming his Toyota Land Cruiser into a shop in suburban Bandra in a drunken state, leading to death of one person and injuring four others who were sleeping on the pavement.
Advocate Amit Desai, Mr Khan's lawyer, argued before the court that the four injured persons, while testifying in the court, were totally silent on the conduct of the actor's friend, singer Kamaal Khan and Salman Khan's bodyguard, constable Ravindra Patil, both of whom were in the car at the time. Ravindra Patil, an eye-witness, died during the trial.
"There is not a word about what Patil and Kamaal Khan did at that time. Did they help victims? Or they helped in lifting the car? Or did they leave the place? There is nothing to suggest whether Kamaal Khan had taken alcohol or whether he was sober," said Mr Desai.
"These two should have described the whole incident but while Kamaal Khan was not examined at all, Patil had just one song to render that Salman was drunk and he was driving," he added.
He further contended that three of the four witnesses who sustained injuries in the mishap -- Muslim Nimayat Shaikh, Mannu Khan and Mohammed Kalim Iqbal Pathan -- were tutored by the police as they testified that Salman Khan got out from the right side of the car (driver's seat). However, another witness, Mohammed Abdullah Shaikh, did not support this.
"Though the accident took place on September 28, 2002, and the charge sheet was filed on October 31, 2002, the witness, Muslim Shaikh, had said that his statement was recorded two and half months after the incident. Mannu Khan, another witness, had said he simply signed a statement given to him," Mr Desai said.
The arguments before Justice A R Joshi will continue today.
The sessions court had on May 6 found Mr Khan guilty of ramming his Toyota Land Cruiser into a shop in suburban Bandra in a drunken state, leading to death of one person and injuring four others who were sleeping on the pavement.
Advocate Amit Desai, Mr Khan's lawyer, argued before the court that the four injured persons, while testifying in the court, were totally silent on the conduct of the actor's friend, singer Kamaal Khan and Salman Khan's bodyguard, constable Ravindra Patil, both of whom were in the car at the time. Ravindra Patil, an eye-witness, died during the trial.
"These two should have described the whole incident but while Kamaal Khan was not examined at all, Patil had just one song to render that Salman was drunk and he was driving," he added.
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"Though the accident took place on September 28, 2002, and the charge sheet was filed on October 31, 2002, the witness, Muslim Shaikh, had said that his statement was recorded two and half months after the incident. Mannu Khan, another witness, had said he simply signed a statement given to him," Mr Desai said.
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