Salman Khan hit and run case 2002: Superstar breaks down hearing high court acquittal; 5-year jail term quashed

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New Delhi | Updated: December 10, 2015 4:16:08 PM

Salman Khan hit and run case 2002: The Bombay High Court today acquitted Bollywood star Salman Khan of all charges in the 2002 hit-and-run case in which he was convicted and sentenced to 5-year imprisonment by a sessions court.

salman khan case, hit and run case, salman hit and run case, salman hit and run case next hearing, salman khan, salman khan case, salman khan car case, salman khan hit and run case 2002, hit and run, salman khan in court, salman khan next hearing, hit and run case in indiaSalman Khan hit and run case 2002: On September 28, 2002, Salman Khan?s car had rammed into a bakery shop in suburban Bandra. One person was killed and four others were injured in the mishap.

Salman Khan hit and run case 2002: The Bombay High Court today acquitted Bollywood star Salman Khan of all charges in the 2002 hit-and-run case in which he was convicted and sentenced to 5 years imprisonment by a sessions court.

While acquitting the 49-year-old Salman Khan in a jampacked courtroom, Justice A R Joshi said, “The appeal is allowed. The trial court’s verdict is quashed and set aside. Salman is acquitted of all charges.”

On hearing the verdict, Salman Khan broke down.

The actor, who wore a blue-white check shirt, arrived in the court at 1.30 PM even as the police made a tight bandobast around the high court premises.

He was accompanied by his bodyguard Shera, brother-in-law Ayush, sister Alvira and his manager.

Justice Joshi, who started dictating the verdict on Monday, said the prosecution failed to establish its case against the appellant accused (Salman Khan) on all charges.

On September 28, 2002, Salman Khan’s car had rammed into a bakery shop in suburban Bandra. One person was killed and four others were injured in the mishap.

Lawyers, litigants and many others had gathered in and around the court to have a glimpse of Salman Khan as he came rushing from a studio in Karjat on the outskirts of Mumbai where he was shooting.

The judge said 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 and contradictions in the evidence of injured witnesses, which definitely create a doubt about the involvement of Salman Khan for offences for which he has been charged, the court said.

On the basis of such evidence, Salman cannot be convicted, it said.

The judge further said 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.

It is the duty of the court to analyse the evidence submitted to it and to see that the offence is proved beyond reasonable doubt, Justice Joshi said.

He 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.

Consequently it must be said that this is not a case where the prosecution has successfully established its charges, he observed, adding that the entire evidence of the prosecution was circumstantial in nature.

On the main aspects as to driving and drunkenness, the prosecution has not brought any material evidence which spells out the offence of the accused, the court said.

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 while dictating the verdict.

Also read: Salman Khan, Shah Rukh Khan shoot for ‘Bigg Boss Nau’

SALMAN KHAN – CHRONOLOGY
Bollywood star Salman Khan was today acquitted of all charges in the 2002 hit-and-run case by the Bombay High Court which set aside the sessions court’s May order sentencing him to a five-year imprisonment. 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.
Salman’s 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:    Mumbai 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
October
Maharashtra 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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