Bollywood megastar Salman Khan was acquitted on Thursday by the Bombay High Court of all charges in the 2002 accident that killed a pavement dweller. After the verdict, Salman wiped away tears of relief as his overjoyed family flanked him.
Delivering the much-awaited verdict in a courtroom packed with journalists, Bollywood personalities and lawyers, Justice A.R. Joshi said the actor "cannot be convicted" on the basis of the evidences produced by the prosecution in the 13-year-old case and trial.
I accept the decision of the judiciary with humility. I thank my family, friends & fans for their support & prayers .
— Salman Khan (@BeingSalmanKhan) December 10, 2015
Accordingly, Salman's conviction and five-year jail term on charges of - among others - "culpable homicide not amounting to murder" has been quashed and set aside by the court.
Salman, clad in a dark, checked shirt and jeans, heard out the verdict without emotions but was later seen wiping tears in the court. "I accept the decision with humility. I thank my family, friends and fans for their support and prayers," he tweeted.
Salman's apartment building was lit up with lights while admirers burst firecrackers outside.
The actor's counsel Amit Desai reacted: "After 13 long years, the verdict is a big relief for Salman Khan. It is a full acquittal."
In a guarded reaction, Maharashtra Chief Minister Devendra Fadnavis said the government will decide the further course of action after examining the verdict.
Justice Joshi said the "prosecution failed to establish the charges (against Salman) on all counts" and that "it failed to prove that Salman was drunk or driving" at the time of the accident which left a poor man sleeping on the pavement dead and four others injured.
However, the court rejected the defence contention that victim Nurullah Mahboob Khan died due to a crane crash and not due to the accident involving Salman, one of the highest paid actors in Bollywood.
"The prosecution has not proved the case beyond reasonable doubt, and the benefit of doubt goes in favour of the accused (Salman). Bearing in mind the above, the considered view of the court is that the prosecution has failed to establish the case on all charges," the judge ruled.
Demolishing the police investigation, Justice Joshi's judgment came on Salman's appeal challenging his conviction and five-year sentence by the Sessions Court on May 6.
The court also raised questions on the manner in which the police probe was carried out, including the way the biological evidence was gathered and singer-actor Kamaal Khan was withheld as a witness.
It said the unreliable evidence of the first complainant and police bodyguard, the late Ravindra Patil, who was in the vehicle at the time of the accident, was 'inadmissible'.
There was also lack of clarity whether the vehicle's tyre burst before or after the accident.
The judge observed that courts should not get swayed "by popular beliefs that a person of this vocation or profession must have committed the offence.
"We have to go by the law of evidence, not by public/media pressure. According to criminal jurisprudence, it is the burden of the prosecution to prove the guilt.
"The Mumbai Sessions Court order is quashed and set aside, the criminal appeal is allowed. (Salman) is acquitted of all charges. The bail bond stands cancelled and any fine amount deposited has to be refunded, his passport must be returned and a Personal Bond must be executed," Justice Joshi said.
Salman rushed to Mumbai from a shooting schedule in Karjat in adjacent Raigad district following the court's directive to be present on Thursday.
Most family members, including his father and celebrated writer Salim Khan, sisters, brothers and aides flanked him when the judgment was pronounced.
Post-verdict, Salman completed various legal formalities, executing the personal bond in case the prosecution decided to appeal in the case, said Desai.
Social media networks were abuzz with mixed reactions. Fans hailed the verdict and others trashed it.
The actor is battling another case involving the poaching of blackbuck in Jodhpur in Rajasthan in 1998. It is currently sub-judice.
BOLLYWOOD WELCOMES SALMAN KHAN’S ACQUITTAL IN HIT-AND-RUN CASE
Bollywood celebrities today welcomed the Bombay High Court verdict in the 2002-hit-and-run case and felt happy that superstar Salman Khan’s long legal ordeal today ended in exoneration.
“I am happy for him. It’s been 13 years since the case is going on… the family was on tenterhooks. He is a good person… he deserves justice. I do feel bad for the people who lost their lives …got injured. I do feel bad for the tragedy,” veteran actor Anupam Kher told.
Congrats big bro @BeingSalmanKhan :) God bless you :) pic.twitter.com/d2kZ2a3iOF
— King Mika Singh (@MikaSingh) December 10, 2015
Anupam Kher and Salman have worked together in couple of films like “Hum Aapke Hai Kaun”, “Jab Pyaar Kisise Hota Hai”, “Prem Ratan Dhan Payo”.
Director Anees Bazmee, who has worked with the “Dabangg” star in “No Entry” and “Ready”, is happy for the actor.
“It (case) has taken a long time… it’s a relief for him and his family. It has taken the court to come to conclusion so they would have taken into consideration a lot of factors. I don’t know much about the law (whether it’s a right or wrong decision). There is no one above the court,” he added.
So happy that @BeingSalmanKhan is acquitted of all charges. Truth Prevails. Even if it takes 13 long years.:)
— Anupam Kher (@AnupamPkher) December 10, 2015
Filmmaker Madhur Bhandarkar feels it’s a great relief for Salman and his family.
“For 13 years, he was going through this ordeal. So it is a great news for the film industry, directors, producers, and even his fans. I haven’t read the judgement but Bombay High Court definitely saw something and gave the verdict which was absolutely right. It is a big, big relief for Salman,” he said.
Actress-politician Hema Malini who played the role of Salman’s mother on screen in “Baghban” is very happy for the acquittal of “Bajrangi Bhaijaan” star.
“We all feel good about him and this is a great news for all of us. He should now settle down and get married. This is what I wish for him,” she said.
While producer Mukesh Bhatt chose to play safe saying he is happy for the 49-year-old actor.
#SalmanVerdict Heartiest Congratulations to my dear bro @BeingSalmanKhan ! Celebrating with #DRUMSOFCELEBRATION !ššš pic.twitter.com/xghWqKoOlG
— Adnan Sami (@AdnanSamiLive) December 10, 2015
“I am happy for him. Justice has a vague definition in this country. It’s (justice) is a beautiful piece of poetry,” he added.
Actress Madhuri Dixit who played Salman’s leading lady in many of her hits said, “Anything good happens in anyone’s life, I am happy about it.”
Filmmaker Subhash Ghai, who has worked with Salman in 2008 film “Yuvvraaj”, welcomed the court’s verdict saying, “God is always kind to good human beings, @BeingSalmanKhan with gods blessings is freed today from a hanging sword for thirteen years. Cheers.”
Ashoke Pandit thanked Salman’s lawyers for “brilliantly fighting the case”.
“Will all those, who till now haunted, humiliated, abused @BeingSalmanKhan, apologize to him & his family after this verdict?#SalmanWalksFree,” Pandit tweeted.
Shobha De tweeted:
If Salman didn't do it, who did? One dead person. Four injured. Surely, someone is guilty?
— Shobhaa De (@DeShobhaa) December 10, 2015
SALMAN KHAN ACCIDENT CASE: TIMELINE
December 10: Salman Khan acquitted of all charges in the September 2002 accident case; the Bombay High Court queashes lower court verdict, sets it aside.
December 7, 2015: Justice A.R. Joshi of the Bombay High Court completes hearing on the appeal and begins dictating his judgment in open court.
May 8, 2015: Bombay High Court suspends five-year sentence handed to Salman Khan, enlarges him on bail pending disposal of his appeal challenging the sessions court order.
May 6, 2015: Salman Khan files appeal against his conviction and five-year sentence awarded by the sessions court; is granted two-day bail by Bombay High court.
* May 6, 2015: Additional Sessions Judge D.W. Deshpande pronounces Salman Khan guilty in the 2002 accident case; sentences him to five years in jail.
Charges against Salman:
Indian Penal Code: Section 304 (culpable homicide not amounting to murder) which attracts up to 10 years in prison; Section 279 (rash and negligent driving) which stipulates six months in jail; Sections 337 & 338 (causing hurt by act endangering life and causing grievous hurt) with punishment up to two years; Section 427 (causing damage to property) with maximum punishment of up to two years.
Motor Vehicles Act: Sections 34, 181 (driving vehicle in contravention of rules) and 185 (driving at great speed after consuming alcohol) with cancellation of driving licence.
Bombay Prohibition Act: Driving under the influence of alcohol carries maximum of six months in jail.
* April 20: Judge Deshpande sets May 6, 2015, for verdict.
Defence counsel Shrikant Shivade forcefully argues against prosecution charges and closes arguments.
* March 25: Special Public Prosecutor Pradeep Gharat closes his case against Salman after examining 27 witnesses during the re-trial.
* April 2014: First witness Samba Gowda deposes in the re-trial, which continues before the sessions court with regular hearings.
* December 2013: Mumbai sessions court orders fresh trial against the actor and recording of fresh evidence of all witnesses who had also deposed before the Metropolitan Magistrate court.
* July 23, 2013: Sessions court frames charges against Salman, invoking the enhanced charge of culpable homicide not amounting to murder.
* June 24, 2013: Sessions court rejects Salman's application, paving the way for applying the stringent section.
* March 2013: Salman files a revision petition with the sessions court challenging the lower court order.
* December 2012: Bandra Metropolitan Magistrate court rules that a case has been made out under Section 304 and commits the trial to the sessions court.
* March 2011: The prosecution seeks enhanced charges against Salman.
* May 2007: Chemical analysis report suggests Salman was drunk at the time of the accident.
* October 2006: Bandra Metropolitan Magistrate court frames charges against the actor under Section 304 and other sections of the IPC.
* December 2003: In a breather for Salman, the Supreme Court rules that the magistrate should, after perusal of all the evidence, decide whether to invoke harsher sections of IPC.
* October 2003: State challenges in the Supreme Court the June 2003 Bombay High Court order that Section 304 is not applicable in this case.
* May 2003: Court rejects Salman's application and asks the magistrate court to frame charges under Section 304.
* March 2003: Salman challenges the application of Section 304 in the sessions court.
* October 24, 2002: Salman arrested for the second time; secures bail from sessions court.
* October 21, 2002: The Bandra police file charge sheet, slapping Section 304 on Salman.
* September 28, 2002: Around 2 a.m., Salman Khan's Toyota Land Cruiser rams into a roadside bakery in Bandra West, close to his Galaxy Apartments seafront home. Five people sleeping on the pavement are injured, one of whom later dies.
Later that afternoon, Salman arrested by Bandra police and enlarged on bail by a Bandra Metropolitan Magistrate court.
