The big wait is finally over. In a big relief for Bollywood
superstar Salman Khan, the Bombay Supreme Court acquitted him of all charges in
the 2002 hit-and-run affair. The accident occurred on September 28, 2002
allegedly left a pavement dweller dead and four others injured.
While dictating the order in the 2002 hit-and-run case in
which Bollywood superstar Salman Khan was indicted, the Bombay Supreme Court
said Thursday that it is the court's opinion that the prosecution has not
established its case at all Charges
The court said that considering several deficiencies of the
indictment, omissions and contradictions in the evidence of damaged witnesses
that go to the root of the matter, there is some doubt about the implication of
the appellant accused. The court said that the appellant can not be convicted
on the basis of the evidence given.
The court noted that the investigation of the case was
carried out flawed, with little attention to established procedures.
"Procedure required chain of evidence when the case is based on biological
evidence. There were some loose ends in the investigation and the benefit is
required to be given in favor of the defendant. It is the duty of the court to
sift evidence and see that the offenses are Tested against the accused beyond
reasonable doubt. "
"The opinion of this court is that the assessment made
by the court of first instance is not appropriate and legal under criminal case
law." The court of first instance erred in accepting the recovered
invoices without panchnama. "
The Bombay HC also said that it is a well-established
principle that the court must decide the case on the material brought in the
record and that it can be presented as evidence according to the procedure
established by law. The court will not be persuaded that a particular person
because of his or her condition or profession must have committed the crime or
should be found guilty.
"The court is expected to be impervious to pressure
from the public and the media, and it is for good reason that the law of
evidence has no place for general public opinion to be a factor in deciding a
case Tested before a court of law and in which the established principles of
law and evidence must be respected. Even the cardinal principle of
jurisprudence and the burden of indictment should not be forgotten and any
strong suspicion can not be considered as material for Condemn a person.This in
mind, it is the considered opinion of this court that the prosecution has
failed to establish his case in all charges, "the court said.
Prosecutors had alleged that Salman had allegedly consumed
liquor at Vile Parle's "Rain Bar and Restaurant" before ramming his
Toyota Lexus car into a store in the suburban area of Bandra. The dead and
wounded were sleeping outside the tent. But the Bombay Supreme Court ruled that
the evidence of the wounded is not devoid of discrepancy and the prosecution
failed to prove the veracity of the witness who claimed that Salman Khan was
drunk.
"The witness testified that Salman Khan was drunk,
which led him to fall twice at the crash site before fleeing." The star
witness to prosecution Ravindra Patil should not have lost sight of Salman's
alleged heavy drink in his FIR on September 28, 2012 The concept of alcohol
arises in the investigation only on October 1, 2012, according to the verdict.
loading...

0 comments Blogger 0 Facebook