Maharashtra moves SC against Salman's acquittal

The Mahashtra government on Friday filed appeal against the Bombay High Court verdict, acquitting actor Salman Khan in the 2002 hit-and-run case.

In its special leave petition, the state government listed out various grounds, including rejection of Salman’s blood samples report and deposition of complainant constable Ravindra Patil, among others, as errors in the HC judgment of December, last.

“The High Court has completely ignored the conduct of the accused who admittedly did not make any attempt to report the incident to the police soon after the accident,” it said.

It claimed : “The accused ventured to make a false defence that the victim died due to crane crash and the vehicle fell down on the person of  the victim.” According to the prosecution, the 49-year-old actor was driving his car on 28 September, 2002 under the influence of liquor and rammed his vehicle into a shop in suburban Bandra which claimed life of one person and left four others injured.

“The High Court has erred in brushing aside the alcohol examination certificate and the evidence of the assistant chemical analyzer just because there was some alleged delay in taking the blood samples and for sending it to the chemical analyzer,” the state government contended. 

It said the High Court was carried away by the fact that on September 30, 2002, the blood was sent to the chemical analyzer which was analyzed on October 1, 2002. “The evidence of the chemical analyzer makes it clear that there would be no change in the result as the blood samples were preserved properly. It needs to be seen that 28.9.2002 was a Saturday and 29.9.2002 was Sunday. Both were holidays. Therefore, the blood samples were sent on 30.9.2002,” it explained.

The petition also assailed drawing of adverse inference for non examination of singer Kamal Khan saying the witness, a non resident Indian and who is a British national did not appear despite summons. The trial court had found Salman guilty and awarded five year jail term to him.