Mumbai: Days after he was acquitted by the Bombay High Court in the 2002 hit-and-run case, the Maharashtra government has said that it will appeal in the Supreme Court against the order. The government pleader informed Bombay High Court on Wednesday that law and judiciary department has decided to file the appeal when the apex court reopens in January.
After a long wait of 13 years, the Bombay HC had acquitted Salman of all charges on December 10. While dictating the order, the HC 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."
The accident that took place on September 28, 2002 allegedly left one pavement dweller dead and four others injured.
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