Salman Khan 2002 hit-and-run case: Maharashtra govt to challenge actor's acquittal in SC

New Delhi: Bollywood superstar Salman Khan breathed a sigh of relief on December 10, 2015 after the Bombay High court acquitted him of all charges in the infamous 2002 hit-and-run case.

The latest report suggests that Maharashtra government will file appeal in Supreme Court against Salman Khan's acquittal in the case. The Bombay HC had termed lower court's verdict as erred thereby acquitting the actor of all charges.

The HC even rapped the prosecution over its failed presentation of any proof. It ruled that the prosecution had failed to prove "beyond reasonable doubt" that actor was driving the vehicle at the time of the accident and was drunk.

The judgement came on an appeal by the superstar, seven months after he was pronounced guilty by the trial court of running over five people sleeping on a pavement outside a laundry in suburban Bandra with his Toyota Land Cruiser, killing one and causing injury to four others on October 28, 2002 and sentenced him to five years in jail.

The Government told the High Court of its decision to file Special Leave Petition(SLP) in the Supreme Court to appeal against the acquittal of Salman by Justice A R Joshi, who totally reversed the trial court judgement that sentenced the actor to five years' imprisonment.

The Law and Judiciary department had accorded sanction to the prosecution to file SLP in the Supreme Court, Government Pleader Abhinandan Vagyani told a bench of Justices Abhay Oka and Gautam Patel.

The SLP would be filed in due course, Vagyani said during the hearing of a public interest litigation filed by senior journalist Nikhil Wagle seeking compensation from Salman Khan for victims of the 2002 hit-and-run mishap.

Justice A R Joshi, on December 10, had acquitted Salman of all the charges on the ground that the prosecution had failed to prove that the actor was driving the car under the influence of liquor.

On May 6, a sessions court had sentenced the actor to five years jail after it held him guilty of offences including culpable homicide not amount to murder. According to the prosecution's case, on September 28, 2002, Salman had rammed his car into a bakery in suburban Bandra, killing one person and injuring four others who were sleeping outside.

Although the actor has already deposited compensation for the families of victims as directed by the High Court, but Wagle's petition is still being heard as the court expanded its scope to include the issue of enhancement of punishment in
accident cases.

During the hearing of Wagle's PIL today, the HC framed some issues and sought an answer from the Government. The bench wanted to know from the Government Pleader what type of devices were available with the authorities to hold blood analysis test of accused in hit-and-run cases to determine consumption of alcohol. The bench also sought to know within how much time is the blood test conducted in accident cases.

To this, Vagyani replied that the first five to seven hours after the mishap was the crucial period when ideally such examination is done and it is also prescribed in the
Police Manual and Drugs and Physcotrophic Substances Act.

The HC, however, wanted to know whether there are any guidelines framed in this regard. The matter has been posted for hearing in January after the vacations.

(With PTI inputs)