Mumbai: The Bombay High Court on Thursday cleared Bollywood superstar Salman Khan of killing a man in a hit-and-run crash 13 years ago, acquitting him of all charges after he appealed his conviction.
The Bombay High Court said a lower court had erred in finding Khan guilty of culpable homicide at the end of his trial in May, when he was subsequently sentenced to five years in prison.
"The appeal is allowed and the decision of the trial court is quashed and set aside. Salman Khan is acquitted of all charges," judge Anil Ramchandra Joshi told the Bombay High Court.
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Judge Joshi said the prosecution had "failed to establish beyond reasonable doubt" that Khan was driving his SUV and under the influence of alcohol when it rammed into a group of homeless men in suburban Mumbai in 2002.
The actor was sombre while the judgement was being read out Thursday afternoon, looking tired while his legal team sought clarifications about the bail bond and surety. He broke down when Judge Joshi finally announced that he was acquitted of all charges. Surrounded by family, Salman remained standing in court long after the judge had left.
Amit Desai, Khan's lawyer, told reporters that it "had been a long 13 years".
"As far as my client is concerned it's a great relief. We are very glad of the outcome," he said.
Chief Minister Devendra Fadnavis said, “Maharashtra government will decide on further course of action in Salman case after examining High Court verdict.”
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Labourer Nurulah Mahbob Sharif was killed and several others were injured when the vehicle ploughed into them at speed as they slept on a street in the suburb of Bandra West.
A sessions court found Khan guilty of all charges in May, including driving under the influence and without a licence.
Joshi, who presided over the appeal, said the court had erred in accepting the testimony of the prosecution's key witness.
He described Khan's former bodyguard, Ravindra Patil, who had insisted the actor was behind the wheel and speeding, as "not wholly reliable", citing "various anomalies in his testimony".
"Unfortunately there are no witnesses to back his version," the judge said about Patil, who died from tuberculosis in 2007.
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Salman Khan 2002 hit-and-run case: Timeline
Khan's trial began in earnest last year after a series of court hearings and lengthy legal hold-ups.
His defence team maintained throughout that the actor's driver was to blame for the accident.
They claimed Khan had been drinking water and had climbed out of the car through the driver's side after the accident as the passenger door had been damaged.
But the sessions court rejected that defence and found him guilty on May 6. Khan immediately appealed and the sentence was suspended two days later, pending the outcome.
Justice A R Joshi, who heard the appeal filed by Salman against his conviction for 'culpable homicide not amounting to murder', said a day earlier there were three categories of witnesses in criminal cases. One was wholly reliable, the second is partially reliable, while the third is unreliable and for partially reliable witnesses, there should be corroborative evidence to prove the witness’ testimony.
“In the opinion of this court, Mr Patil was not a wholly reliable witness,” said the judge, adding that there had to be corroboration of evidence.
According to the judge, apart from Patil, no other witness had said that appellant (Salman) was driving the car and that he was drunk at the time of the incident and hence, there is no corroborative evidence to support Patil’s claim. The judge also noted that Patil did not say anything about the actor being in a drunken state in his first statement.
On May 6, the actor was convicted of culpable homicide not amounting to murder and sentenced to five years imprisonment in the case but escaped being sent to jail after the Bombay High Court granted him interim bail till May 8. On May 8, the high court suspended the 5-year sentence of Khan in the case and granted him bail pending his appeal against conviction.
The actor has been out on bail throughout the trial and appeal, the case not interfering with his career as one of the Indian movie industry's biggest box-office draws.
Dozens of joyous fans gathered outside his home in Mumbai's north as news of his acquittal spread, while colleagues in the Hindi film industry tweeted their delight.
"I want to thank God for this," one fan said.
Other Twitter users were less kind, suggesting there was one rule for the rich and another for the poor in India, lamenting that little attention was being given to the victim.
Khan is no stranger to controversy and spent more than a week behind bars for killing an endangered Indian gazelle in 1998.
