Pereira verdict may impact Salman case
Monday, 10 September 2007 14:29
The repercussions of the Bombay High Court judgement may be felt on several other hit-and-run cases — including that of Bollywood actor Salman Khan — which are in court right now, say legal experts.

Khan is facing trial before a Bandra magistrate on charges of driving under the influence of alcohol and ramming his vehicle into pavement dwellers. One person died and four others were injured on the night of 26 September 2002.

Thursday’s judgement is important as it is probably one of the extremely rare occasions when the court has agreed with the police argument that persons indulging in drunk driving have “knowledge’’ that their rash act can lead to a fatality. This means the offence can invite the stringent Section 304-II of the Indian Penal Code dealing with culpable homicide not amounting to murder.

"Consumption of intoxicants while driving is punishable and rash driving resulting in fatal accident is a matter about which the accused would be deemed to have knowledge," the division bench said, adding that it was public knowledge that poor people slept on the footpath. These were some of the arguments advanced by the prosecution in Khan’s case.

He was initially charged with culpable homicide not amounting to murder. The Supreme Court dropped the charge and allowed him to be prosecuted for the minor charge of causing death by a rash act. But the apex court said the trial court could reinstate the charge if it found any evidence.

Salman’s trial is at its end stage and legal experts say it is unlikely that the magistrate would be influenced by the judgement. But the lower court could not possibly ignore the verdict completely, they added.

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