Bollywood actor Salman Khan was acquitted of
the charge of culpable homicide not amounting to murder in the 2002 hit-and-run
case today. The Bombay High Court, which has been hearing an appeal against a
five-year-sentence handed out to the actor by a session’s court in May, said
that the prosecution had failed to prove that the actor had consumed liquor and
was driving the Toyota Land Cruiser when the mishap occurred, giving Khan
"the benefit of doubt".
The court is not oblivious of the perception of
general public that the court must decide the case. It is settled principle
that the court must decide the case on material that is admissible as evidence
under procedure of law. Law of Evidence has no scope for general public opinion.
In a scathing indictment of the previous
judgment, the High Court threw out all the evidence that had been considered by
the session’s court in May, calling the Mumbai Police's probe "highly
deplorable".
The court said "The evidence presented by
Prosecution has not been able to reach the level which in view of this court is
needed to establish the guilt of appellant beyond reasonable doubt. Any strong
suspicion can't be enough to hold anyone guilty."
The HC also slammed the testimonies of Salman's
deceased police bodyguard Ravindra Patil, calling him "a wholly unreliable
witness" over the differences in his statements. In the FIR just after the
accident, on September 28, 2002, Patil reportedly did not mention whether Khan
had been driving under the influence of alcohol. Three days later, on October
1, after the receipt of Salman's blood test report, Patil gave a statement
before a Magistrate saying that the actor had taken drinks on the ill-fated day
and he had warned him not to drive rashly or else he would meet with an accident
but Salman did not pay heed to his advice.
Times Now had reported that the actor arrived
at Bombay HC with a fazed expression, slightly red-eyed but with considerably
more confidence than before.
