New Delhi: The Delhi High Court on Moday came
down heavily on Sunil Kulkarni, a Mumbai-based key witness in
BMW hit-and-run case, by terming him as "the most dishonest,
unreliable, untrustworthy and untruthful witness."
"His entry in the case is as dramatic as could happen
only in our Bollywood movies," Justice Kailash Gambhir said.
The court ordered initiation of criminal proceedings
for perjury against Kulkarni who was relied on heavily by the
trial court to hold Sanjeev Nanda and three others guilty in
the 10-year-old case.
"The deposition of court witness (Kulkarni) is thrown
out lock, stock and barrel," the court said.
Initially, he had introduced himself as a witness
without any extraneous reason. However, later after coming to
know that rich and affluent persons were accused, he jumped
into the fray of witnesses "may be to make a fortune", the
court said dwelling upon Kulkarni`s role in the case.
Trashing the findings of the trial court about
Kulkarni, Justice Gambhir said "... but I feel otherwise. The
more I read the statement of this court witness, the more
dishonesty, falsehood and crookedness of this man flows out."
Kulkarni had not only resiled from his testimonies but
also carried out a sting operation leading to conviction of
two senior criminal lawyers of the country R K Anand and I U
Khan for contempt of court.
Justice Gambhir said the lower court gave undue
weightage to the testimony of Kulkarni by believing him as an
The high court put a question mark on the trial court`s
reliance on Kulkarni describing him as a "strange character
directly taken from the novels of Charles Dickens".
"It is manifest that Kulkarni is a shady character who
in order to hog the limelight made his entry into the scene on
January 15, 1999 (five days after the incident) and was
produced by the prosecution as a star witness. He utterly
failed to prove his presence at the spot," the court said.
It discussed in detail the flip-flop of Kulkarni prior
and during the trial.
During the trial, Kulkarni first identified Nanda as
one of the occupants of the BMW car involved in the incident
and later said the police had pressurised him to name the
He had earlier recorded his statement before a
magistrate and did not talk about any pressure to name Nanda.