'Salman's kin not examined to prove he was drunk'

Actor Salman Khan's counsel Amit Desai on Tuesday told the Bombay High Court that none of the important witnesses were examined by the prosecution in the September 2002 hit-and-run case.

The witnesses include the actor’s brother Sohail Khan and his family members. “The main case here is drinking and driving....but none of those who could have thrown light on this speaks about it,” Desai said before Justice A R Joshi, who is presiding over Khan’s appeal against the five-year jail term in the 13-year-old case that led one person dead and four injured.

“The star witness in the case Ravindra Patil, the complainant, does not speak anything about alcohol or smell of alcohol in the first complaint. Another important witness, PW-6 (Balu Laxman Muthe), the security guard of Sohail Khan, does not speak anything on this issue,” he said.

“PW-6 is an important witness for the prosecution, he goes in the car with Sohail Khan (Salman's brother) and Vikram Phadnis (fashion designer) from the Galaxy Apartments to the Rain Bar & Restaurant and comes back....when Salman Khan comes out of Rain Bar, the witness is silent. Whether he was smelling alcohol? Whether he was slurring? There is nothing to suggest that he had taken alcohol at the Rain Bar...he also did not say anything about the driver's seat,” he said.

Desai also said besides Sohail Khan, Kamaal Khan and Phadnis, none of those present in the Rain Bar apart from its manager Rizwan Ali Rakhangi and waiter Malay Semerendra Bag were examined. He also pointed out none of the parking attendants of the bar and JW Marriott excepting one Kalpesh Verma nor the hotel staff members were tested.
The actor’s relatives at Galaxy Apartments and the wife of PW-7 (Fransis Fernandes), who took him to the car, were also not examined, the counsel said.