Investigation into the 2002 hit & run case faulty, benefit must be given to the accused: Bombay HC on Salman Khan

While dictating the order in the 2002 hit-and-run case in which Bollywood superstar Salman Khan was made accused, the Bombay High Court on Thursday said that it is the considered view of the court that the prosecution has failed to establish its case on all charges.

The court said that considering various shortcomings of the prosecution, the omissions and contradictions in evidence of injured witnesses which go to root of matter, doubt arises over the involvement of appellant accused. The court said that the appellant cannot be convicted on the basis of the given evidence.

The court pointed out that investigation into the case was conducted in a faulty manner with scant regard to procedures laid down. "Procedure required chain of evidence when case is based on biological evidence. There were some loose ends in the investigation and the benefit is required to be given in favour of the accused. It is duty of the court to sift evidence and see that offences are proved against accused beyond reasonable doubt."

"Considered view of this court is that appreciation done by the trial court is not proper and legal as per criminal jurisprudence. The trial court erred in accepting the bills recovered without panchnama."

The Bombay HC also said that it is a well settled principle that court must decide the case on material brought on record and which can be brought as evidence as per procedure laid down by law. The court shall not get swayed that a particular person because of his status or profession must have committed the offence or must be held guilty.

"The court is expected to be impervious of pressure from public and media. It is for good reason that law of evidence has no place for general public opinion to be a factor while deciding a case. The perception of truth in public is required to be proved before a court of law and in which the established principles of law and evidence must be adhered to.

Even the cardinal principle of jurisprudence and burden of prosecution must not be forgotten and any strong suspicion cannot be considered as material to convict a person. Bearing this in mind, it is the considered view of this court that prosecution has failed to establish its case on all charges," the court said.