Actor Salman Khan’s lawyer on Wednesday told the Bombay high court the prosecution has not proved he was driving when the hit-and-run incident occurred in 2002.
A single bench of justice AR Joshi was hearing the actor’s appeal against the five-year conviction by the sessions court in May this year.
Khan’s lawyer, senior counsel Amit Desai, said there were no witnesses at the time of the accident or after to prove the actor was driving.
He said it is apparent none of the witnesses deposed by the prosecution could prove he was driving the car. He added there is no evidence to show the same.
He said the prosecution’s witnesses have only said Salman got down from the car.
He also said Salman came out from the right side of the car and there is no mention if it was from the front or the back of the car. He then went on to say one witness had said he got out of the car, tried to walk but fell down twice.
He then said another witness said as soon as he got out of the car, he started running and another witness said he got into another car.
Desai also said the prosecution did not have time to examine Kamal Khan, who was allegedly in the car with Khan when the accident occurred, and Dr Sanap, who conducted the post-mortem on the man who died because of the accident.
The matter was then adjourned for Thursday.
Salman was sentenced to five years’ rigorous imprisonment on May 6, for running his SUV over pavement dwellers in Bandra, killing one person and injuring four others in September 2002.