MUMBAI: The Bombay Higher Court docket on Monday turned down a plea filed by Bollywood megastar Salman Khan to examine as a prosecution witness his friend and singer Kamaal Khan in the 2002 incident scenario involving the actor.
Salman’s lawyer Amit Desai had filed the plea on November 16 prior to Justice A. R. Joshi, who is listening to the actor’s appeal against the conviction and 5-year sentence awarded by a reduced court previous Could.
Salman sought Kamaal Khan’s assessment as a prosecution witness under Criminal Method Code’s (CrPC) part 391, on if additional proof essential whilst listening to the appeal.
Justice Joshi declined to summon Kamaal Khan ruling that recourse to this segment is taken in particular cases exactly where situations specially warrant it.
“There is nothing at all to present that, but for the significant proof of Kamaal Khan, no selection can be taken in the attraction,” he ruled.
He additional that if there was no dire need for Kamaal Khan’s assessment and if the accessible materials can be analysed, then recourse to part 391 was not the ultimate requirement.
The choose also famous that when the prosecution had knowledgeable the periods court that Kamaal Khan could not be traced, Salman took no steps at that stage.
Nevertheless, at the fag end of the circumstance, the appellant chose to get in touch with his driver Ashok Singh as a defence witness in the sessions courtroom, but not to phone Kamaal Khan then, he included.
The two the prosecution and defence have agreed that Kamaal Khan was current in the car just before 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 under section 161 of the CrPC, but he did not appear prior to the justice of the peace to document his proof.
Desai has argued that Kamaal Khan is the best eyewitness offered to the prosecution and his identify was shown as a witness in the FIR and the cost sheet, and could throw gentle on who was driving the automobile at the time of the incident.
The issue will proceed with the prosecution arguments on Tuesday.