Not a word has been said about what constable Ravindra Patil and Kamal Khan were doing at the time of the 2002 hit-and-run incident, actor Salman Khan’s lawyer told the Bombay high court on Tuesday.
The arguments against the actor’s five-year conviction by the sessions court resumed after justice AR Joshi ordered for the trial’s appeal paperwork to be prepared afresh.
Senior counsel Amit Desai, appearing for Khan, argued the victims who were hurt when the actor’s car crashed into the pavement would have been in too much pain to recognise who was driving. He said it was impossible the victims who woke when the accident took place said they saw Khan driving.
The prosecution must prove, beyond reasonable doubt, Desai said, that Khan was driving the car at the time of the accident and what his condition was. Only then did the question arise of whether the person was driving in a rash and negligent manner, he said.
Desai also highlighted variances in the testimonies of bystanders. While one of them said he did not see anyone get out of the car, another did not accept seeing Khan get out of the car. Desai said when witnesses were examined and cross-examined, someone said Patil came out first, while another witness said he was standing next to the car, and a third said he got out from the right side of the car.
The court then questioned if there was scope for a witness to see anyone get out of the car. Desai replied saying some 60 people were at the spot and there was no scope for a witness to see anyone.
The court took note of the fact that Ravindra Patil was issued a witness summons by the sessions court after he was dead.
The arguments will continue on September 23.