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Observing there were anomalies that required to be “cured” in the 2002 hit-and-run case involving Salman Khan, the Bombay High Court Wednesday directed the trial court to prepare the case paperbook afresh and take the assistance of the judge who sentenced Khan to five years’ jail, if needed.
Earlier, Justice A R Joshi took note of the defence’s argument that some documents in the paperbook were missing as well as overlapping.
It had caused “great prejudice” to the case, the defense had argued. A paperbook is a compilation of evidence and documents for a case’s understanding, prepared by the trial court.
“The paperbook is to be prepared by the sessions court with the assistance of officials and if necessary, the assistance of the trial judge,” said Justice Joshi, allowing time till September 7.
As the matter has been pending in the High Court since June, the court observed that the preparation of the paperbook should be expedited.
The high court had earlier observed that checking each document of the paperbook was a colossal task, not feasible at the stage of hearing the appeal.
Khan’s defence have been insisting that the criminal manual on the preparation of the paperbook be followed in letter and spirit.
Counsel Amit Desai also censured the way in which the entire trial was conducted. He submitted that the appeal should not be heard unless the issue was resolved.
Public prosecutor Sandeep Shinde said, as he had on Tuesday, that a list of the documents required should be given by the defence.
The defence, however, did not find a common ground with the prosecution, and according to them, the glaring aberrations in the paperbook could not be resolved by giving a list.
A verbal duel ensued between the defence and the prosecution Tuesday after the defence found fault with the latter’s “approach” in the paperbook’s inspection. While seeking a “strict” compliance to the manual, the defence said that the evidence by the prosecution during the trial had only caused prejudice.
The High Court is now hearing the actor’s appeal against the sentence. A trial court had on May 6 sentenced the actor to five years’ rigorous jail term on the charge of culpable homicide not amounting to murder. It was later suspended by the High Court.
aamir.khan@expressindia.com
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