MUMBAI: The Bombay Large Courtroom on Monday rejected a plea submitted by Bollywood megastar Salman Khan to take a look at as a prosecution witness his pal and singer Kamaal Khan in the 2002 accident case involving the actor.
Salman’s attorney Amit Desai experienced submitted the plea on November sixteen prior to Justice A. R. Joshi, who is listening to the actor’s charm against the conviction and five-calendar year sentence awarded by a lower court final May possibly.
Salman sought Kamaal Khan’s evaluation as a prosecution witness underneath Felony Procedure Code’s (CrPC) section 391, on if added proof needed whilst hearing the attractiveness.
Justice Joshi declined to summon Kamaal Khan ruling that recourse to this section is taken in specific instances where situation specifically warrant it.
“There is practically nothing to present that, but for the substantial proof of Kamaal Khan, no selection can be taken in the appeal,” he dominated.
He included that if there was no dire need for Kamaal Khan’s assessment and if the obtainable substance can be analysed, then recourse to part 391 was not the greatest requirement.
The judge also noted that when the prosecution had knowledgeable the periods court docket that Kamaal Khan could not be traced, Salman took no actions at that stage.
Nonetheless, at the fag conclude of the case, the appellant chose to contact his driver Ashok Singh as a defence witness in the classes court docket, but not to call Kamaal Khan then, he extra.
Both the prosecution and defence have agreed that Kamaal Khan was current in the automobile ahead of and in the course of the time of the accident in the early several hours of September 28, 2002.
Later, Kamaal Khan’s statement was recorded by the Mumbai Police underneath segment 161 of the CrPC, but he did not appear ahead of the justice of the peace to file his proof.
Desai has argued that Kamaal Khan is the greatest eyewitness accessible to the prosecution and his identify was listed as a witness in the FIR and the demand sheet, and could toss light-weight on who was driving the automobile at the time of the incident.
The subject will proceed with the prosecution arguments on Tuesday.