Salman Khan photographed in Mumbai.
Contending that Bollywood actor Salman Khan, sentenced to five years in jail in the 2002 hit-and-run accident case, was not driving the car, his lawyer on September 23, asked why the prosecution didn't ask a key eye-witness anything on this crucial aspect.
Advocate Amit Desai, Mr Khan's lawyer, argued before the Bombay High Court that the prosecution did not ask Amin Kasam Shaikh, an eye-witness, about who was driving the car when the accident took place.
Mr Shaikh was also sleeping on the pavement near the accident spot in suburban Bandra, Mr Desai said.
The High Court is now hearing Mr Khan's appeal against his conviction.(Also Read:
Salman Khan Hit-and-Run: Witnesses Unreliable, Argues Actor's Lawyer)
Three witnesses, who were injured after the car ran over them, deposed that they had seen Mr Khan getting down from the right side (driver's side) of the car. However, Mr Shaikh, who wasn't run over (and hence could see what was happening), was not asked whether he had seen Mr Khan in the driver's seat, Mr Desai said.
"He is closest to the spot. He is not beneath the car like other witnesses and it is surprising that he sees nothing that supports the prosecution theory that injured witnesses have seen Mr Khan getting out from the right side or the driver's side of the car," Mr Desai said.
"Why was he not asked about the position of Mr Khan? Why has Mr Shaikh not seen what other injured witnesses have reportedly seen - that Salman was driving," added Mr Desai.
Mr Shaikh, in fact, was the best eye-witness as he saw the car hitting the shutter of a shop. He was not injured, and he was probably the first to reach the injured victims, Mr Desai said.
Mr Shaikh wasn't asked whether it was Mr Khan who was driving, or it was Ashok Singh or his family driver (as claimed by the defence during the trial), added Mr Desai.
Mr Desai also questioned the police as to why the injured victims were taken to the municipal-run Bhabha Hospital when Holy Family, a private hospital, was nearby.
The arguments will continue on September 28.