2002 hit-and-run case: Driver came up to save Salman Khan 13 yrs after mishap says prosecution

The prosecution in the 2002 hit-and-run case involving Salman Khan on Tuesday (November 17) refuted in actor's defence that his driver Ashok Singh was driving the car.

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Salman Khan’s application says that Kamaal Khan was “the best eye witness” available to the prosecution who can throw the light on who was driving the car and how the mishap occurred.

THE prosecution Tuesday began its arguments in the 2002 hit-and-run case involving actor Salman Khan and said it was not natural conduct for the actor to have employed his driver Ashok Singh, who had deposed that he was driving the car that night, for 13 years after he had given him a bad name in the society.

Questioning why this argument was not disclosed earlier, Chief Public Prosecutor Sandeep Shinde said, “If Ashok Singh was driving the vehicle and appellant (Salman) knew of this, why did he disclose this only towards the end of the trial? There were two bail applications before the magistrate court soon after. What prevented him then? The natural conduct is absent. He deposed after 13 years. No human being will keep a person in employment for 13 years after he had given him a bad name in the society.”

Shinde refused to concede to the defence’s demand to summon singer Kamal Khan. He said that a day after the accident, efforts had been made to find Kamal Khan, who had first fled to Lonavala and then to the United Kingdom.

On Monday, Salman’s lawyer Amit Desai had filed an application before the Bombay High Court seeking singer Kamal Khan be summoned as a witness in the 2002 hit-and-run case. Kamal Khan (43) was apparently present in the vehicle when the accident took place while the car was making its way from J W Marriott to Galaxy Apartment on the night of the accident.

On May 6, Salman Khan was convicted on charges of culpable homicide, not amounting to murder, in the 2002 hit-and-run case. Justice A R Joshi is hearing the actor’s appeal against five years of conviction by sessions court on a daily basis.

According to him, the fact that Salman left the spot within 7-10 minutes after the accident and saying “commander (a resident of Hill Road, Bandra, who was there on the spot that) save me,” discloses his conduct and throws light necessary to draw inference about his behaviour after the accident.” If he was not driving or was not under the influence of alcohol, there was nothing preventing him from remaining on the spot and helping the victims,” he pointed out.

Shinde further said that after lodging of an FIR by Patil, every attempt was made to reach Salman but he was only found at 11 am. “A man with reasonable sense would go first to the police station. Assuming there was a mob, why did he not go there three to four hours later and narrate the incident about Ashok driving,” he said pointing out how

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Salman’s lawyer had tried to make a case that the prosecution was falsely trying to implicate the actor not even believing the staff of the High Court when the paperbook was being prepared.

“They can disbelieve 15 witnesses but not all 27,” he added questioning why the victims would say something against Salman when they were themselves victims. “Why would they want to implicate such an influential person,”said Shinde.

He said that Desai’s argument that there was no skid or break marks on the spot to draw the inference that the car was being driven at a high speed, was not correct. “They tyre burst after the car climbed thick stairs. No attempt was made to stop the vehicle until it rammed into the shutter. Therefore, there were no marks found,” said Shinde.

ruhi.bhasin@expressindia.com

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