'Appreciation of trial court not proper in Salman case'

The appreciation of trial court in the 13-year-old alleged drunken-driving and hit-and-run case involving Salman Khan has not been proper, the Bombay High Court has ruled while acquitting the Bollywood actor.

“….Lastly, in the considered view of this Court, the appreciation of the evidence as is done by the trial court in the present matter is not proper and legal as per the settled principles of criminal jurisprudence,” Justice A R Joshi has said in the final order running to 350 pages.

The final order was uploaded on the website of the Bombay High Court on Wednesday night, three days before the Judge retires.

“…As such, consequently, it must be said that this is not a case in which the prosecution has successfully established its case for all the charges and as such resultantly the appeal is required to be disposed of..,” the verdict stated.

It may be recalled that on May 6 this year, Additional Sessions Judge D W Deshpande, who had presided over the trial had held Khan guilty on all counts, including culpable homicide not amounting to murder, and sentenced him to five years’ rigorous imprisonment.

In its order, the Bombay High Court has noted: “In this case, considering the various weaknesses in the case of the prosecution, various shortcomings such as non­-examination of necessary and appropriate witnesses, the omissions and contradictions in the evidence of the injured witnesses which go to the root of the matter, definitely a doubt has arisen as to the involvement of the appellant for the offences with which he is charged.

On the basis of this type of evidence the appellant cannot be convicted though the apparent perception might be different as appearing in the mind of a common man.”