Maharashtra Govt files SLP in Supreme Court, challenging Salman Khan’s acquittal
Maharashtra Government has reportedly filed Special leave petition in Supreme Court challenging Salman Khan’s acquittal by Bombay High Court.
A Couple of days ago, media reports had said that a highly-placed source from Law and Judiciary department revealed that directions have been issued to the state lawyers to file the SLP by next week. “The government is likely to challenge the verdict on its merits. The sources added that by law the government can challenge the HC verdict within 90 days. The official pointed out that the sessions court had admitted the statement of late police constable Ravindra Patil, while the HC in its verdict set aside the same statement of Patil”
Now it is being reported by some media houses, like DNA and India Today, that the petition has already been filed. The Indian Express quotes the prosecutor associated with the case on the contents of SLP which reads “The Bombay High Court has erred in not appreciating the prosecution evidence. The trial court’s order convicting Salman Khan was correct and should be upheld”
Bombay High Court had, on 10th December allowed the Appeal filed by Bollywood superstar Salman Khan against a Trial Court verdict which sentenced him for Five Year Imprisonment in the 2002 Hit and Run Case. Justice A.R. Joshi had acquitted him of all charges holding that the prosecution failed to prove the case. The appeal may mainly challenge the interpretation of Section 33 of the Evidence Act by the Bombay High Court. The Bombay High Court had held that Section 33 of Evidence Act could not be applied since the nature of these offences are in fact different and it cannot be said that the questions in issue are substantially the same when the issues were tried before the Metropolitan Magistrate Court and the issues were tried before the Sessions Court more particularly when one is not a culpable homicide at all while the other is culpable homicide, although not amounting to murder.