The defence relied on four similar cases in which minimum four and maximum seven people had been killed and even then the court had awarded the guilty minimum punishment.
Salman Khan's advocate initiated on Wednesday the arguments on quantum of sentencing. Shrikant Shivade argued that Khan's case was not as grave as other hit-and-run ones. The defence relied on four similar cases in which minimum four and maximum seven people had been killed and even then the court had awarded the guilty minimum punishment.
"If we consider the case of Alistair Pereira, he was held guilty of killing seven under the influence of alcohol, with a liquor bottle found in his car. However, in our case, only one person died and the circumstances were not that aggravating... Further, to highlight the conduct of my client, since 2007 he has been involved in community service... and backing charitable causes," Shivade said.
"Also, we have abided the Bombay high court's orders, where the court had asked us to deposit a fine of Rs19 lakh to the victims as well as the deceased's family. We would like to request the court to award us with additional fine, but lesser punishment. Also, if he is put behind the bars, it can effect the charity work he is doing."
Shivade further said the prosecution's contention that because he is an actor (awarding him strict punishment) will set an example to the society is unfair. "Just because he is an actor, there should be no judicial unaccountability. We all are governed by the constitution and even I should be treated as a common man while awarding punishment," he added.
However, special public prosecutor Pradeep Gharat opposed the defence arguments and said everyone should see what the repercussions of such an act are. "This case will have an effect on the society, wherein people will take lessons, that when an actor was not spared, a common man will also be liable for punishment. One needs to understand that when one is driving on expressway and if an accident occurs, one can say the condition was not in the control of the driver. But when you know there were people sleeping on the footpath and yet you speed, it means you were well aware of the after-effects..."
What helped the prosecution
The actor not having a driver's licence at the time of the accident
Deceased constable Ravindra Patil's statement
It being proved that Salman Khan was drunk at the time of the accident
Defence witness Ashok Singh claiming that he was driving at the time of the accident
Post-mortem report by Dr Sanap, who is in the US
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}
)
){kind=small}
){kind=small}
)
)
)
)
)
){kind=small}
){kind=small}
){kind=small}
){kind=small}
){kind=small}