A Mumbai court on Thursday ordered a retrial of Salman Khan's hit-and-run case of 2002, with all evidence and witnesses to be re-examined when the hearing of the case begins from December 24.
Sessions Court Judge D.W. Deshpande, while accepting Khan's plea for a retrial after he was charged under Section 304(2) of the Indian Penal Code (culpable homicide not amounting to murder), has ordered that the trial start Dec 23. The maximum punishment under this section is 10 years in prison.
Salman had requested the court that the earlier evidence presented in the case be disregarded. Khan's lawyer Shivade argued that Khan had not been given an opportunity to cross-examine the witnesses on the enhanced charge of culpable homicide not amounting to murder pinned by the session's court June 24.
Earlier, a court had ordered that Khan be tried for culpable homicide not amounting to murder, which attracts ten years of imprisonment. The actor had pleaded not guilty in court.
The June 24 order was a major setback for the actor, who was earlier tried by Bandra metropolitan magistrate court for a lesser charge of rash and negligent act causing death, under Section 304 A of the Indian Penal Code (IPC), which attracts two years of imprisonment.
Besides Section 304(2), Khan also faces charges of causing death by negligence, causing hurt by an act, causing grievous hurt and damage or mischief to property and also charges under the Motor Vehicles Act and the Bombay Prohibition Act.
One person was killed and four others were injured when the Land Cruiser, allegedly driven by Salman Khan, crushed a group of people sleeping on the pavement outside a bakery in suburban Bandra in the early hours on September 28, 2002.
The trial started September 2005. Nearly four years after the incident, on Oct 6, 2006, the magistrate's court framed 10 charges against the actor.
Almost 10 years later, the magistrate's court ruled that a case was made out against the actor under Section 304(2) and transferred the case to the sessions court. This was challenged by Khan.
The sessions court June 24 upheld the magistrate court's order and ordered a fresh trial in the case, and fixed July 19 for starting the retrial.
Now, the fresh trial is set to start Dec 23, four days before Khan turns 48.
(with inputs from IANS)
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