Showing posts with label Pradeep Gharat. Show all posts
Showing posts with label Pradeep Gharat. Show all posts
Like everyone else, I too deserve a fair trial-Sooraj Pancholi
7:59 AM
Hiren Kotwani (BOMBAY TIMES; September 21, 2016)
In the light of the new
findings by the UK-based forensic investigator, Jason Payne-James, to be
submitted in court today, the Rabiya Khan-CBI case could possibly take a
different turn. The hearing, which was scheduled for yesterday, will
take place today.
Reportedly, the investigator's findings state that Jiah Khan's hanging was staged and the marks on her face and neck indicate that it is not a simple case of suicide. These findings contradict the report of the Indian experts on Jiah's death. The development comes over a month after the CBI told the Bombay High Court that it had ruled out murder in the case.
The UK investigator, reportedly, has studied the medical and post-mortem reports, analysed photographs of Jiah's body and reviewed CCTV grabs and pictures of her room for his investigation. While the CBI claims it was suicide, giving her then boyfriend Sooraj Pancholi a clean chit, Rabiya Khan maintains it was murder and hired Jason to probe the case as she was dissatisfied with the agency's find ings.
With these new developments in the case, Sooraj exclusively spoke to BT. He said, “My case has been a media trial since day one. Things have been in the papers before reaching the court, and sometimes in the papers without the court being aware. But enough is enough, if someone wants justice, they will get it in due time. I hope they get justice, even I want to know what the truth is. People should understand that even I have lost a dear one.“
Maintaining that his sympathies are with Jiah's family, he says, “I understand what they are going through, but this is not the way to conduct a court case, by leading the court and the people of the country to think differently.“
While conceding that it's okay for different people to have different opinions about him, Sooraj feels this has been going on for a long time. He says, “Whenever something good is happening in my life, personally or professionally, someone tries to put me down. It gets difficult. You cannot accuse someone of a crime, without knowing the facts. You have to know the truth before saying whatever you feel like saying.“
About the progression of the case, he says neither he nor his family have intervened from the start. “We haven't gone against what they are saying, but we have been patiently waiting for over three years for the trial to begin. Like everyone else, I too deserve a fair trial. I don't know why, in my case, things are told to the media before the court. Why not wait for the court to decide the final verdict? They are trying to brainwash people and portray me as a criminal, which is not true.“
He doesn't shy away from saying that things like this (the UK-based forensic expert's findings) have been prolonging the case. “No accused asks for his trial to begin, but I'm asking to open the trial soon. Whatever the accusation, I deserve a fair trial, so that I can move on in life. These things are planned to target my progress and stop my daily life.“
Reiterating that he and his family have been through a lot, Sooraj sums it up saying, “I want this pain to end for both sides. I don't have any hard feelings for anyone. I just want a fair trial and live my life after that. This has stretched for too long.“
ADVOCATE MANOHAR SHETTY
I don't think it will bring another dimension to the case. There is no provision in law for a foreign investigator's report to be admitted. I don't think it will be accepted by the court.
ADVOCATE RIZWAN SIDDIQUEE
According to me, in all reasonability, the Hon'ble Judge will look at what the new foreign team saw and discovered, which the trial court overlooked. If something that has been overlooked due to human error, and the same is causing grave injustice, then the Hon'ble Judge may, at its discretion, consider the report to that extent. After all, justice has to prevail and a fair trial and investigation has to be done, without any biases, whatsoever.
ADVOCATE PRADEEP GHARAT
We have our own agencies to carry out investigations. We follow the criminal procedure code and by that, investigation can only be done by the local cops, the CBI, a special investigation team or another body as appointed by the court, and not one of the parties involved in the case. A foreign investigator's findings, as far as I understand, are not binding. Rabia Khan can do it for her satisfaction.
ADVOCATE DEEPESH MEHTA
Such reports and witnesses brought in during the trial can prejudice the merits of the case, but in criminal procedure code and the criminal jurisprudence practised in our country, the trial judge has wide powers to look into anything for a fair trial and do justice in the matter.
Reportedly, the investigator's findings state that Jiah Khan's hanging was staged and the marks on her face and neck indicate that it is not a simple case of suicide. These findings contradict the report of the Indian experts on Jiah's death. The development comes over a month after the CBI told the Bombay High Court that it had ruled out murder in the case.
The UK investigator, reportedly, has studied the medical and post-mortem reports, analysed photographs of Jiah's body and reviewed CCTV grabs and pictures of her room for his investigation. While the CBI claims it was suicide, giving her then boyfriend Sooraj Pancholi a clean chit, Rabiya Khan maintains it was murder and hired Jason to probe the case as she was dissatisfied with the agency's find ings.
With these new developments in the case, Sooraj exclusively spoke to BT. He said, “My case has been a media trial since day one. Things have been in the papers before reaching the court, and sometimes in the papers without the court being aware. But enough is enough, if someone wants justice, they will get it in due time. I hope they get justice, even I want to know what the truth is. People should understand that even I have lost a dear one.“
Maintaining that his sympathies are with Jiah's family, he says, “I understand what they are going through, but this is not the way to conduct a court case, by leading the court and the people of the country to think differently.“
While conceding that it's okay for different people to have different opinions about him, Sooraj feels this has been going on for a long time. He says, “Whenever something good is happening in my life, personally or professionally, someone tries to put me down. It gets difficult. You cannot accuse someone of a crime, without knowing the facts. You have to know the truth before saying whatever you feel like saying.“
About the progression of the case, he says neither he nor his family have intervened from the start. “We haven't gone against what they are saying, but we have been patiently waiting for over three years for the trial to begin. Like everyone else, I too deserve a fair trial. I don't know why, in my case, things are told to the media before the court. Why not wait for the court to decide the final verdict? They are trying to brainwash people and portray me as a criminal, which is not true.“
He doesn't shy away from saying that things like this (the UK-based forensic expert's findings) have been prolonging the case. “No accused asks for his trial to begin, but I'm asking to open the trial soon. Whatever the accusation, I deserve a fair trial, so that I can move on in life. These things are planned to target my progress and stop my daily life.“
Reiterating that he and his family have been through a lot, Sooraj sums it up saying, “I want this pain to end for both sides. I don't have any hard feelings for anyone. I just want a fair trial and live my life after that. This has stretched for too long.“
ADVOCATE MANOHAR SHETTY
I don't think it will bring another dimension to the case. There is no provision in law for a foreign investigator's report to be admitted. I don't think it will be accepted by the court.
ADVOCATE RIZWAN SIDDIQUEE
According to me, in all reasonability, the Hon'ble Judge will look at what the new foreign team saw and discovered, which the trial court overlooked. If something that has been overlooked due to human error, and the same is causing grave injustice, then the Hon'ble Judge may, at its discretion, consider the report to that extent. After all, justice has to prevail and a fair trial and investigation has to be done, without any biases, whatsoever.
ADVOCATE PRADEEP GHARAT
We have our own agencies to carry out investigations. We follow the criminal procedure code and by that, investigation can only be done by the local cops, the CBI, a special investigation team or another body as appointed by the court, and not one of the parties involved in the case. A foreign investigator's findings, as far as I understand, are not binding. Rabia Khan can do it for her satisfaction.
ADVOCATE DEEPESH MEHTA
Such reports and witnesses brought in during the trial can prejudice the merits of the case, but in criminal procedure code and the criminal jurisprudence practised in our country, the trial judge has wide powers to look into anything for a fair trial and do justice in the matter.
Salman Khan gets 5 years in jail in 2002 hit-and-run case; secures two-day bail
7:54 AM
Sunil Baghel & Sharmeen Hakim Indorewala (MUMBAI MIRROR; May 7, 2015)
Right after sessions court Judge D W Deshpande went into his chamber after he had pronounced his "guilty" verdict in the Salman Khan hit and run case, the actor's sisters rushed to him. Amid the hullabaloo of curious onlookers, fans and female lawyers, special public prosecutor Pradeep Gharat also approached Salman, held his shoulder and said with utmost sincerity: "I didn't want to meet you this way, don't feel bad." Salman held Gharat's arm, and said: "No sir, you're doing your job."
But just hours after the sessions court sentenced him to five years in jail for culpable homicide not amounting to murder for the death of a homeless man, the mood changed as Salman secured interim bail from the Bombay High Court.
The courtroom was packed by 10.15 am. Salman's brother Sohail Khan, Congress MLA Baba Siddique and Salman's brother-in-law Atul Agnihotri (who sported a Being Human cap) were the first to arrive from the family, followed by Arbaaz. They sat in the second row of seating for litigants. The rest of family, including Salman's sisters Alvira and Arpita, along with an unshaven Salman in a white shirt and rugged blue jeans - driven by his driver Ashok Singh with bodyguard Shera and two others by his side - entered court at around 10.50 am.
Judge Deshpande sat on the dais at 11.05 am. Salman took to the witness box, head slightly bowed, looking straight at the judge. His brothers and brother in-law stood up to listen.
At 11.10, Judge Deshpande held Salman guilty for the incident on September 28, 2002, dismissing his defence's points. "It is not probable that anyone but you was driving the car. I have also come to a conclusion you were intoxicated while driving the vehicle and that the cause of death of the victim was the incident itself and not the defence taken by your lawyers," the judge said. The actor seemed taken completely aback.
"You've been found guilty on all counts. The maximum sentence provided is of 10 years, what do you have to say," the judge asked Salman.
"Whatever you say is correct, sir. My lawyer will say whatever I have to say," Salman replied.
At 1.25 pm, when the judge finally sentenced Salman to five years' imprisonment, the entire courtroom gasped.
Usually a drab courtroom with piles of case papers, today was different for Room No 52 of the City Civil and Sessions Court. With more than 100 police officers lining all the way from the ground floor to the courtroom, the buzz was palpable. More than 150 pairs of eyes were fixed on the front left corner of the courtroom where Salman sat. The actor, who seemed calmer than usual, was surrounded by family the entire day.
Immediately after the sentence was pronounced, his family members went into a huddle before their lawyers briefed them. Salman's sister Alvira and her manager along with the lawyers rushed to the Bombay High Court. Remarkably, even before the judgment copy could be made available to the actor, his lawyers filed an appeal in the high court contesting the exact points on which the sessions convicted him. They returned, smiling, at around 5 pm. For the first time since the morning, the family looked relieved.
"We have received relief from high court," Shivade said, panting.
Formalities were finally completed at 7 pm, when the entire Khan family left the court premises. Fans thronged outside, with some crowding the porches of nearby buildings.
Minutes after the judge held Salman guilty, the actor's manager and younger sister Arpita broke down. As the arguments on the quantum of punishment began, there was constant noise in the courtroom. Salman's lawyer could barely be heard. "Sir, arrest these people!" he told the judge, after which police enforcement was called in. Top rung of police officers including Addl CP Krishna Prakash and DCP Satyanarayan Choudhry kept making rounds of the courtroom.
Arguing for a lesser sentence, Salman's lawyer Shrikant Shivade said this would probably be the first case where a person has been held guilty for culpable homicide for causing just one death. The judge said that he had relied mainly on the Alistair Pereira and Sanjeev Nanda cases while convicting Salman for culpable homicide. Shivade then cited those very cases as precedent for not giving more than three years' sentence.
Shivade cited Nanda's case as one where the apex court had recognised the concept of community service. The Supreme Court asked Nanda to pay Rs 50 lakh (to be used for the welfare of victims of hit and run cases) and asked do community service for two years.
He cited that the alcohol content found in both Pereira and Nanda's blood was double than that of Salman and the number of deaths was much higher. Salman, Shivade pointed out, had paid Rs 19 lakh as compensation in 2002 itself unlike other cases where compensation was paid after conviction, and said that the actor was willing to pay more compensation.
Shivade also submitted a chart of "good work" done by Salman's Being Human foundation. "The foundation has spent Rs 42 crore in the past three years, close to 700 surgeries have been performed free on underprivileged children. All this will stop if he is sentenced," Shivade said.
He also pleaded that Salman not be made an example of. "Court is not a ramp for showcasing the sentencing policy. Every offender has to be treated equally," he said.
During the end of the hour-long argument that was sprinkled with interruptions, Shivade took out Salman's neurology reports and handed them over to the judge. This was the only time in the day that Salman looked upset. Cringing when his lawyer started reading out the report - pleading for leniency in view of Salman's health - Salman repeatedly indicated to his sister to make his lawyer stop. "Let it be," Salman muttered under his breath. Alvira stopped her lawyer from reading further.
Gharat stuck to his earlier submission that Salman should be given such a punishment that no one would repeat such a thing. "He is an actor. People not just watch his movies but follow him other things as well. The punishment should not only be deterrent but also exemplary," Gharat said, adding that the number of deaths can't be the criterion for deciding punishment.
Just after the arguments ended, the electricity went off. As the May heat engulfed the courtroom, tempers flared up among the gathered crowd.
Appeal calls judgment illegal
Challenging the sessions court order on 41 grounds, Salman Khan's appeal
to the Bombay High Court says that the lower court "failed to construe
the true scope of section 304 part II of the IPC (culpable homicide not
amounting to murder)." The appeal calls it an error on the part of the judge to not accept Salman's driver Ashok Singh's testimony that he was driving the car, and not accepting that pavement dweller Nurulla Meboob Sharif died during the rescue operation and not the accident.
The appeal challenges the sessions court's acceptance of Salman's police security person the late Ravindra Patil's evidence, saying that the defence could not get to cross-examine him in the new trial.
The appeal challenges evidence given by Patil, Kalpesh Verma (the valet parking guy at the bar where Salman was), Dr Shahsikant Pawar (who drew blood from Salman), Dattaray Bhalshankar (who tested Salman's blood sample) and Rajendra Keskar (the RTO inspector who examined Salman's car). It also calls it an error on the part of the lower court to not consider favourable evidence for Salman.
One of the main grounds why Salman's old bail order was continued by Justice Abhay Thipsay was that the actor was yet to receive the detailed order copy. This could well be precedentsetting, as there is hardly any case where the convict is supplied with a judgment copy immediately after the pronouncement.
"Though there is nothing illegal about it, but the court could have pronounced the order after the judgment was ready - may be tomorrow or day after," said Justice Thipsay.
Senior Advocate Harish Salve had submitted that a person can't be sent to jail without an order. "He should be released on interim bail till he gets the order copy," Salve submitted. Apart from the fact that Salman was on bail during the entire trial period, the bail application mentions that Salman is involved in two ongoing movie projects on which the livelihood of hundreds of people depends, and that Salman has a neurological condition that could aggravate in custody. The high court will hear the case on May 8.
13 yrs on, Salman Khan's case set for a real-life climax today
8:09 AM
Actor Faces 10 Yrs Jail If Convicted In Bandra Mishap 2002 Case
THE TIMES OF INDIA (May 6, 2015)
The Salman Khan verdict,
scheduled to be pronounced on Wednesday , will bring the curtains
down on a case that has riveted the nation's attention for 13 years.
Sessions judge D W Deshpande, who has been conducting the fresh trial
that commenced in April last year, will deliver the judgment at 11.15am
with the Bollywood superstar standing in the dock and a posse of
policemen guarding the court premises to keep the expected crowds at bay.
The actor is accused of ramming his Landcruiser into the American Express Bakery on Bandra's Hill Road in the early hours of September 28, 2002. One person sleeping on the footpath was killed, while four persons were seri ously injured.
Khan, who has Rs 200 crore riding on his next two films, arrived in the city on Tuesday evening from Srinagar, where he was shooting for his home production Bajrangi Bhaijaan. The film is due for a July 17 Eid release, while the second, Prem Ratan Dhan Payo, directed by Sooraj Barjatya, will hit theatres in Diwali.
Khan has been on bail since his release on October 25, 2002. The best outcome for him would be if the court holds that he wasn't at the wheel at the time of the mishap and acquits him of all charges. The worst scenario for him is if he is found guilty of culpable homicide not amounting to murder under section 304-II of the IPC for an act committed with knowledge that it could result in someone's death. The crime attracts a maximum imprisonment of ten years. Khan can also be convicted only of rash driving, which attracts a two-year jail term. However, under law, the sentence can be suspended the same day and the convict given bail immediately. The question about whether jail is imminent and immediate thus depends on the conviction and the sentence.
The hit-and-run case involving actor Salman Khan has seen several twists and turns, the most sensational being sole defence witness Ashok Singh, Khan's driver for over two decades, claim on March 30 that he was behind the wheel at the time of the incident.
Special public prosecutor Pradeep Gharat dubbed Singh a “self-condemned liar“ and said he was liable for perjury. Khan was tried for culpable homicide not amounting to murder, a charge added to the case after key prosecution witness Ravindra Patil--a constable assigned to guard him--told police the actor was driving the vehicle drunk. Patil died in 2007, but his examination before the magistrate was included in the present trial. During final arguments, defence advocate Shrikant Shivade opposed the inclusion. Another key prosecution witness was Dattaray Bhalshankar, the chemical analyst who told the court Khan's blood sample tested positive for 62mg of alcohol. In his cross-examination, he could not recollect how he conducted the method to analyse the sample. Special public prosecutor Pradip Gharat said though the prosecution has to prove its case against accused beyond reasonable doubt: “in the absence of specific suggestions...the court has to balance and evaluate evidence and ignore minor inconsistencies in depositions“. A senior bureaucrat said if Khan is acquitted, instructions have been given to police to file an appeal. If he is convicted, defence lawyer Shivade and prosecutor Gharat will have to make submissions before the sentencing. The court can also hear the submissions on Wednesday.
Besides his two under-production films, Salman is committed to start 'Shuddhi' for Karan Johar, a film in which Sanjay Dutt plays the antagonist. Besides, he is committed to start films for producer Boney Kapoor, his brother Arbaaz Khan and brother-in-law Atul Agnihotri. “Should the verdict go against him, it will be a big blow to the Hindi film industry,“ a trade analyst said.
Cops to screen all visitors to court
Mumbai Police will frisk every visitor to the sessions court on Wednesday. A large number of cops, most of who were on duty outside Wankhede stadium for Tuesday's IPL match, will be posted around the court. People visiting the court have been advised to carry proper documentation as only those who have case dates will be allowed inside. “Some areas have been made no-parking zones,'' said Deven Bharti, joint commissioner of police (law and order). TNN
The actor is accused of ramming his Landcruiser into the American Express Bakery on Bandra's Hill Road in the early hours of September 28, 2002. One person sleeping on the footpath was killed, while four persons were seri ously injured.
Khan, who has Rs 200 crore riding on his next two films, arrived in the city on Tuesday evening from Srinagar, where he was shooting for his home production Bajrangi Bhaijaan. The film is due for a July 17 Eid release, while the second, Prem Ratan Dhan Payo, directed by Sooraj Barjatya, will hit theatres in Diwali.
Khan has been on bail since his release on October 25, 2002. The best outcome for him would be if the court holds that he wasn't at the wheel at the time of the mishap and acquits him of all charges. The worst scenario for him is if he is found guilty of culpable homicide not amounting to murder under section 304-II of the IPC for an act committed with knowledge that it could result in someone's death. The crime attracts a maximum imprisonment of ten years. Khan can also be convicted only of rash driving, which attracts a two-year jail term. However, under law, the sentence can be suspended the same day and the convict given bail immediately. The question about whether jail is imminent and immediate thus depends on the conviction and the sentence.
The hit-and-run case involving actor Salman Khan has seen several twists and turns, the most sensational being sole defence witness Ashok Singh, Khan's driver for over two decades, claim on March 30 that he was behind the wheel at the time of the incident.
Special public prosecutor Pradeep Gharat dubbed Singh a “self-condemned liar“ and said he was liable for perjury. Khan was tried for culpable homicide not amounting to murder, a charge added to the case after key prosecution witness Ravindra Patil--a constable assigned to guard him--told police the actor was driving the vehicle drunk. Patil died in 2007, but his examination before the magistrate was included in the present trial. During final arguments, defence advocate Shrikant Shivade opposed the inclusion. Another key prosecution witness was Dattaray Bhalshankar, the chemical analyst who told the court Khan's blood sample tested positive for 62mg of alcohol. In his cross-examination, he could not recollect how he conducted the method to analyse the sample. Special public prosecutor Pradip Gharat said though the prosecution has to prove its case against accused beyond reasonable doubt: “in the absence of specific suggestions...the court has to balance and evaluate evidence and ignore minor inconsistencies in depositions“. A senior bureaucrat said if Khan is acquitted, instructions have been given to police to file an appeal. If he is convicted, defence lawyer Shivade and prosecutor Gharat will have to make submissions before the sentencing. The court can also hear the submissions on Wednesday.
Besides his two under-production films, Salman is committed to start 'Shuddhi' for Karan Johar, a film in which Sanjay Dutt plays the antagonist. Besides, he is committed to start films for producer Boney Kapoor, his brother Arbaaz Khan and brother-in-law Atul Agnihotri. “Should the verdict go against him, it will be a big blow to the Hindi film industry,“ a trade analyst said.
Cops to screen all visitors to court
Mumbai Police will frisk every visitor to the sessions court on Wednesday. A large number of cops, most of who were on duty outside Wankhede stadium for Tuesday's IPL match, will be posted around the court. People visiting the court have been advised to carry proper documentation as only those who have case dates will be allowed inside. “Some areas have been made no-parking zones,'' said Deven Bharti, joint commissioner of police (law and order). TNN
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