New Delhi, Aug 21: 12 years later, justice is denied yet again, as the case diaries pertaining to actor Salman Khan's 2002 hit and run case are not to be found. A Mumbai Sessions Court today set the date for September 12, 2014 to review the case with strict orders to the police to find and produce the original case files before the court.
Judge DW Deshpande asked for a list of the documents that the police have with them as well as those in possession of the accused in order to determine if they had enough to take the case forward. The police maintain that the papers were safely placed under the jurisdiction of the Magistrates court until fairly recently. When the charges of culpable homicide was added to the list, the case was shifted to the Sessions court and since then the diaries and files have not been found.
While the police wished to proceed with the true copies of the case that they possessed, Salman Khan's lawyer Shrikant Shivade argued that for a case of this magnitude, the original papers were an absolute requirement. The court seems to have agreed with this argument and asked the police to locate the original files. The court has also ordered its now retired IO Kishan Shengal to present himself in court as well as answer to the missing documents.
The missing files are believed to be have contained the testaments of eye-witnesses, which is of course invaluable in deciding the verdict
on such a sensitive and serious offence. In all the time the case has taken to come before the court, it seems to have been beset by a host of obstacles. Its investigating Officer (IO) retired, the constable who was in charge of bringing the papers court died and was subsequently replaced by another one.
Last year the court had ordered a fresh trial against the actor for culpable homicide that could have him locked up for up to ten years. As with every fresh trial all the evidences and testimonies required a re-examination.
The case accused Salman Khan of driving his SUV onto a pavement in Bandra killing one and injuring four. The incident is reported to have taken place on the 28th of September, 2002. 11 witnesses are said to have come forward so far to testify.