The Salman Khan hit and run case could not proceed on Friday (July 25, 2014), as the Bandra police were unable to trace the original statements of several witnesses.
Salman’s lawyer Shrikant Shivde pointed out to a Sessions Court that of the original sixty three court documents; including statements of witnesses recorded by the Bandra police after the incident in 2002, only seven documents are available.
“The first FIR sent to the court, three statements recorded under Section 164 (of the Criminal Procedure Code), and panchnamas are the only original documents available,” Shrikant Shivde said.
Though photocopies of the missing statements are available, Shrikant Shivde stressed upon the importance of the original documents. On an earlier occasion, he said, they were given a photocopy of the FIR, but when they checked the original FIR, they found that changes had been made.
“There were several interpolations between the two copies, in fact it was a completely different story. If the same is repeated with witnesses’ statements, it will not be a fair trial,” stated Shrikant Shivde.
While expressing serious concern about the missing documents, the court then asked the police to trace the documents before the next hearing on August 21, 2014.
Sessions judge D.W. Deshpande also wrote to the Additional Chief Metropolitan Magistrate of Bandra court, asking to have the missing statements traced. “On enquiring with the public prosecutor of the Bandra court, it is revealed that the documents were given to the public prosecutor when required and then taken back,” the judge observed.
Two witnesses, Amin Shiekh and Kalpesh Verma were present in court but could not be examined as the court was not in possession of their original statements.
Meanwhile, Salman Khan too was not present in court on Friday as it was the same day that Kick was being released and since no witnesses were to be examined, he had sought exemption, which the court granted.
The case, dragging on for over a decade, had taken a twist when a magistrate, after examining seventeen witnesses, held that the charge of culpable homicide not amounting to murder be made out against Salman, and referred the matter to a Sessions Court.
On September 28, 2002, Salman Khan’s car had rammed into a bakery at Hill Road in Bandra, killing one person and injuring four people sleeping on the pavement outside.
Only seven out of the sixty three original documents in possession of court; cops told to trace missing originals before next hearing on August 21, 20...2.0