HC says prosecution failed to prove Salman Khan was drunk driving

Mumbai, December 9

Prosecution failed to prove actor Salman Khan was drunk when he allegedly drove his vehicle over a pavement killing one and injuring four people in Mumbai’s upscale western suburb Bandra in 2002, the Bombay High Court said on Wednesday.

The court was dictating its verdict on Khan’s appeal against his conviction in the case in May.

"... This court has come to the conclusion that the prosection has failed to bring material on record to establish beyond reasonable doubt that the appellant (Salman Khan) 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," Justice Joshi remarked.

The court also cast doubts on a statement given by a witness in the case.

Khan’s former police bodyguard Ravinder Patil first registered an FIR in the case on September 28, 2002 — hours after the accident. In the FIR, Patil made no mention of the actor being drunk when the accident occurred. However, a statement he gave on October 1, 2002 — after a blood report showed the presence of alcohol — the constable claimed the actor had ignored warnings against drunk driving.

Patil’s changing statements made him a “wholly unreliable witness”, the court said.      

Justice Joshi further said: "...Unnatural on part of conduct of Patil to say so many things that he has not said in the FIR, there has been a material improvement on drunkeness and asking Salman to drive slowly....it is more strange from this witness."

Patil, who died while the case was still being tried, claimed he was in the car at the time of the incident.

The court also criticised the police for "withholding actor-singer Kamaal Khan from coming to the witness box."

"Necessary adverse inference needs to be drawn," Justice Joshi said, adding that non-examination of an eyewitness is detrimental to the case.

Patil’s statement was taken as evidence by the lower court. Khan contested it arguing  it could be relied on as Patil could not be cross-examined.

One person was killed and four were injured when Khan’s SUV allegedly ran over them on September 28, 2002. A lower court convicted Khan for culpable homicide and sentenced him to five years in jail. Khan appealed the order in the high court, which is likely to pronounce its verdict on Thursday.

The actor is currently on bail. — Agencies