Citing the statements of the Investigating Officer, defence counsel Mahesh Bora told justice Nirmaljit Kaur that none could reach any conclusion with regard to the weapon used in the alleged poaching.
Two and half months after the hearing on the appeal of Bollywood superstar Salman Khan against a 1-year jail sentence for poaching two chinkaras at Bhawad village of Jodhpur in October, 1998, the defence wrapped up its arguments on Wednesday before the Rajasthan High Court saying the entire case was framed against the actor. The prosecution will begin its arguments from February 9.
The arguments on the appeal of Khan had begun in the High Court on November 16, wherein the defence counsel Mahesh Bora contended that the entire case was framed against Khan and that 4 different cases filed against him for just one case.
Citing the statements of the Investigating Officer, Bora told justice Nirmaljit Kaur that none could reach any conclusion with regard to the weapon used in the alleged poaching.
"When there was no conclusion about the weapon, how could a case of poaching be made out against Khan?" he argued. He further said that in a poaching case, there has to be a matching of the bullets used by specific weapon with those used in poaching the animal.
"But here in this case, neither the carcass of the animal was found nor the weapon which used the pellets found in the vehicle allegedly used by Khan," he argued.
Referring to the statements of eye-witness of the prosecution, the driver of the vehicle Harish Dulani, under section 164 of the Cr PC, Bora said that he did not turn up before the court for examination.
"So how could his statements be considered in the case," Bora contended.
The defence also questioned the Forensic Science Laboratory reports, absence of DNA of the blood samples taken from the vehicle and the Hotel Ashirwad, where the carcass was allegedly brought and cleaned by Khan before cooking and difference of inspection reports on the vehicle.
Additional Advocate General K L Thakur said that the prosecution would start its arguments on next hearing scheduled on February 9.
"We would give our replies one by one on all the arguments of the defence," he said.
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