Salman wasn't driving the car, actor’s lawyer tells HC

Bollywood actor Salman Khan’s hearing of the appeal against 2002 hit-and-run case started in the Bombay High Court today and his lawyer argued that the trial court made a mistake in holding that the actor himself was in the driving seat.

Salman Khan was found guilty in 2002 hit-and-run case and was sentenced five years of imprisonment on May 6. He was charged with culpable homicide not amounting to murder in the accident in which he rammed his car into a shop in suburban Bandra on September 28, 2002, killing one person and injuring four, sleeping on the pavement.

Salman's lawyer Amit Desai also said to the court that the lower court incorrectly dismissed Salman’s defence, his driver Ashok Singh who said that he was driving the car and not the actor. Desai also said that the prosecution had also failed to prove that the actor was drunk before the accident.

Advocate Desai also claimed that Patil, singer Kamaal Khan and Ashok Singh (driver) were in the car when the mishap occurred but police chose to accept Patil's statement though he was no more and not available for cross-examination.

Desai also argued that the court did not feel the need to examine Ashok Singh, who claimed to have caused the accident and instead they sidelined him saying that after 13 years he got up and spoke in favour of the actor to defend him. But the fact is that a defence witness can only step into the witness box only after the prosecution's case is over, Desai argued.

The lawyer also brought into light the defence theory that a burst tyre caused the accident.

Advocate Desai tells the court that the prosecution also failed to prove that Salman had consumed alcohol at two bars before the mishap occurred. During interrogation, the waiter at the bar had only said that he had seen the actor holding a glass of colourless liquid and it could be anything, just water.