Thursday, 10 December 2015

Salman Khan 2002 hit-and-run case: Actor withdraws plea from SC seeking Kamaal Khan's examination

The judge said the prosecution should have examined Kamaal Khan, singer friend of Salman, who was with him in the Toyota Land Cruiser when the mishap occurred on September 28, 2002. Summons had been issued to Khan by the trial court but the matter was not followed up further.

The court also rejected the prosecution's charge that Salman's family driver Ashok Singh, who had on March 28 appeared before the trial court and claimed he was behind the wheels at the time of the accident, was a "got up witness".

"The trial court has described family driver Ashok Singh has a 'got up witness' and that he came after 13 years. In fact, he has come on time. A wrong impression was created, that too by learned prosecutor in the Sessions Court that he was coming after 13 years," the judge said.

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The court also rejected as "fabricated" the four bills of Rain Bar, where the actor and his friends were claimed to have consumed alcohol before the mishap, that prosecution had presented in support of its case. The bills were dated October 27, 2002, a day before the date of accident. There was also a noting on the bill in writing saying Salman had footed it, leading the court to conclude it was fabricated.

The court held that the prosecution had failed to prove "beyond reasonable doubt" that the actor was driving the vehicle at the time of the accident and was drunk.

The judgement came on an appeal by the superstar, seven months after he was pronounced guilty by the trial court of running over five people sleeping on a pavement outside a laundry in suburban Bandra with his Toyota Land Cruiser, killing one and causing injury to four others on October 28, 2002.

"The appeal is allowed. The trial court's verdict is quashed and set aside...Salman is acquitted of all the charges," Justice A R Joshi said, reading out the judgement. "....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 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...," the judge said.

After the verdict was pronounced in a jam-packed courtroom, the 49-year-old actor, overcome with emotions, broke down in full public view before being asked by his long-time bodyguard Shera to turn his face toward the wall so people do not see his tears. A visibly relieved Salman was later seen humming a song as sister Alvira flashed a 'Thumbs up' sign.

Mumbai: After being acquitted of all the charges in the 2002 hit-and-run case by the Bombay High Court on Thursday, Bollywood superstar Salman Khan took to Twitter to thank his family, friends and fans for their prayers.

The Bollywood titan delivered two back-to-back blockbusters – Bajrangi Bhaijaan (Eid release) and Prem Ratan Dhan Payo (Diwali release).

The ‘Dabangg’ Khan has started working on his next – ‘Sultan’ – a film which is slated to release on Eid next year.

As Bollywood star Salman Khan walked free in the 2002 hit-and-run case, one of those injured in the accident caused by his SUV said he is yet to get "justice and compensation" for which he has waited for 13 long years.

"We have waited for 13 long years to receive justice and finally Salman was acquitted today. If the court had to pronounce a judgement in his favour it could have done so many years back. What was the point in making us wait for so many years," said Abdulla, a survivor.

"I was injured, I broke my leg. I have small children but I cannot work because of my injuries. How do I earn and make my children eat?" he asked.

"We have been waiting for justice and compensation for the last 13 years but are yet to receive it. I have small children and am worried about their education and how to bring them up," Abdulla added.

On whether he personally saw Khan in the driver's seat when the actor's Toyota Land Cruiser ran over people sleeping on the pavement, killing one and wounding four, he replied in the negative.

"I did not see him driving the car myself, but others did. People have been saying that Salman was driving the car," he said.

The family of another injured Abdul Sheikh, whose legs had got crushed under the actor's vehicle, also voiced dissatisfaction over Bombay High Court judgement and demanded adequate compensation and allowance from the film star.

"The court should also have thought about us...Salman Khan should give us sustenance allowance and compensation," said Reshma, the wife of one of the victims, Abdul Sheikh.

Sheikh, who currently lives in Gonda in Uttar Pradesh with his wife and four children, is facing financial crisis.

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"After the accident my husband is not able to work even as a labourer. He can work very little in the agriculture field and there is no other source of income. I am working to somehow make both ends meet...if Salman Khan gives us Rs 10-15 lakh, we will be able to bring up our children," Reshma said.

Salman Khan has already deposited Rs 19 lakh in the Bombay High Court registry to be given to the victims of the mishap as compensation following a court directive on a PIL.

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