Contesting what appeared to be a “trumped-up” defence of Bollywood actor Salman Khan, that it was not him but his driver Ashok Singh behind the wheel at the time of the 2002 hit-and-run incident, the Prosecution on Wednesday pleaded the trial court not to accept the “belated evidence” of the “brought-up” witness (Singh) introduced at the fag end of the ongoing re-trial in the case. Opening the final arguments in the incident, Special Public Prosecutor Pradeep Gharat asked the trial court not to rely on the “defence” brought forth by the actor through a “brought” witness after the Prosecution had closed the case.
“It appears that he (Ashok Singh) is a ‘brought up’ witness and as such his evidence cannot be accepted,” Gharat argued. Apart from disputing the defence’s contention that the accident was caused due to a technical snag, Gharat also disputed the “false implication” theory put up by the actor, on the ground that the victims, who were injured in the mishap, had testified they saw Khan getting down from the driver’s seat.
In his pointed arguments made after the actor sought to shift the onus of the mishap on his driver Ashok Singh, Gharat also made a strong case for the trial court “not to take into consideration” a statement submitted by the actor after recording his statement under section 313 of Cr PC on Friday last. “The actor’s submission can’t be taken into consideration because that stage was limited only to explain the circumstances which appear before the Court. If, over and above, a person had to say something, he had to keep himself open to cross examination,” Gharat said.
On a day when the Prosecution’s final arguments were inconclusive and the actor was directed to remain present in the court when Gharat resumes his arguments, the Prosecutor alluded to Salman’s refusal to examine himself as a witness in the case and said that Salman had, at one stage when asked by the judge if he wished to examine himself, had replied in the negative. “If he (the actor) had chosen to examine himself he would have been exposed in cross-examination,” Gharat said. The Prosecution’s case has been that Salman — allegedly in a drunken State — had driven his car recklessly ramming into a bakery and killing a pavement dweller and injuring four others, who were asleep on the same pavement.