In a major setback to Bollwood actor and convict Salman Khan in the 2002 hit-and-run case, the Bombay High Court on Monday rejected an application made by him, seeking the examination of his singer-friend Kamaal Khan as a witness under Section 391 of Criminal Procedure Code (CrPC).
Refusing to summon Kamaal Khan as a witness under 391 of CrPC, Justice AR Joshi said: “Recourse to Section 391 of CrPC is taken only in special cases where circumstances especially warrant it. There is nothing in the present case to entertain the application filed by the appellant-accused and summon Kamaal Khan”.
The actor had moved on November 16, seeking the examination of Kamaal Khyan as a witness in the case on the ground that the latter had not been examined during the trial. Salman’s senior lawyer had told the High Court that the Prosecution had shied away from examining Kamaal Khan during the trial stage and was now “reluctant” to examine Kamaal on the apprehension that the latter would demolish the evidence adduced by it against Salman in the case.
Justice Joshi took the Prosecution’s stand that when it informed the trial court during examination of all its witnesses that Kamaal Khan could not be traced, Salman did not take any step at that stage.
“The appellant (Salman) chose to call Ashok Singh as defence witness at the fag end of the trial before the sessions court. He (Salman), however, did not take any steps to call Kamaal Khan as a defence witness,” the Judge observed.
Making a strong case for recording Kamaal Khan’s statement, the actor’s lawyer Amit Desai had told the High Court: “Both prosecution and defence agree that Kamaal Khan was in the car. Salman Khan, when his statement was recorded under Section 313 of CrPC, has said that he was not driving the car. The defence witness Ashok Singh has said he was driving the car... the other witness (police guard Ravindra Patil) died midway through the trial. That being the case, Kamaal Khan’s statement is very important”.
Contesting the Prosecution’s argument that it did not examine the UK-based Kamaal Khan as it could not trace him, the actor’s lawyer claimed that Kaamal’s london address had not changed and the police had not made any effort to reach out to the latter personally.
Opposing the actor’s application seeking the examination 0f Kamaal Khan in the case, Special Public Prosecutor Sandeep Shinde had said last week: “The application to examine Kamaal Khan as a witness at this stage has been brought with a malafide intention and delay the trial. They (the defence) could have made the application in June, July, August or September, but why nowIJ”
“Even if Kamaal Khan had not been examineds, we have evidence on record as to who was driving the vehicle. It will not be of interest to summon Kamaal Khan at this stage. We have the statement of bodyguard Ravindra Patil, who has said in FIR that Salman Khan was driving the car, and one of the injured person, who is a witness, had seen Salman Khan on driver’s seat and he is the person with least injuries,” Shinde told the court.