The prosecution in the 2002 hit-and-run case involving actor Salman Khan introduced their key eyewitness at the fag end of the trial, thus causing prejudice to the defence’s case, Salman’s defence lawyer Amit Desai argued before the Bombay High Court on Tuesday.
Ravindra Patil, complainant who was also Salman’s bodyguard at the time of the incident, passed away long before the trial began at the sessions court.
Arguing on the appeal against Salman’s conviction by the trial court, Mr. Desai contended before Justice A.R. Joshi, that the prosecution moved an application stating they wanted to reply on the testimony of Mr. Patil which was earlier recorded before a magistrate’s court in Bandra. The prosecution’s move came towards the end of the trial after all witnesses were examined.
“To ensure that there is a fair trial, the prosecution should have informed the court that he was not available, but that the prosecution wishes to include his evidence. Ravindra Patil is the first informant as an eyewitness and he is the last witness to be examined. When the FIT was registered based on his statement, taken just three hours after the incident, he makes no mention of alcohol [drunk by Salman]. He then makes a supplementary statement on October 1, where he speaks of alcohol,” Mr. Desai said.
He said owing to the prosecution’s last-minute move, the defence did not get the opportunity to test Mr. Patil’s testimony with that of other witnesses.
