Megha25,
ReemAnshu's homework was not proper or he must have forgotten certain facts because he has to keep track of so many "obnoxious criminals' like SanjayDutt, Salman Khan, Fardeen Khan etc.😉😆
After the accident, Salman wanted to help the victims and their families , but if he would have tried to contact any of them or anyone from his family or his lawyer they would have accused him of tampering with evidence.
But some NGO's approached the High Court of Mumbai to award compensation to the victims.
So the High Court ordered Salman to deposit Rs 25 lakhs as Compensation in the court which he did the very next day after the order was passed.
The money is still with the High Court caught in redtape and none of the victims have received the compensation amount though they are going to the court regularly to claim it. This is going on since 2002.
And Salman has not asked for any kind of pardon, there is no pardon in Indian law , he has pleaded " Not Guilty' to all charges and a trial is on in a Mumbai court regarding the same.
Also he is being tried for " negligent driving' after the Supreme Court in its order said that he should be tried for the less stringent charges and if there is any evidence on record during the trial to suggest that he has committed " culpable homicide not amounting to murder " , he should be tried for more stringent charges for which the maximum sentence is 10 years.
And about wildlife he said that after he was tried for poaching, arrested, has gone to jail a number of times for the same at various stages of trial and appeal, people are scared to poach and therefore the wildlife of our country (India ) has increased. This statement he has given only after all this happened and it happened in 1998 when he was shooting for Hum Saath Saath Hain in Jodhpur.
Again he has pleaded " not guilty" to all charges of poaching and is on trial and appeal for the same and still maintains he didnot do it.
I was just trying to help ReemAnshu here, he has such a lot of work to do keeping track of all these " obnoxious criminals".😃
I hope I could be of some help.😉
BTW, my name is Reema and I am a 'she'.
You have all your 'facts' totally wrong ! This is what happens when you do not study anything in depth and comment on them.
- When there is a hit-n-run case as in the case of Salman khan, he cannot go about giving money to the victim's family. Any compensation has to be made in court. If he would have paid the victims' family any money, it would have been another criminal case against him. Offcourse, unofficially he can still go (may have already done) and buy the victim's family. But he cannot do it openly.
- Secondly, the compensation which the court asked him to pay is not the total compensation and nor the court was directed by anyone, it was a suo-moto order that he deposit part of the compensation to the court . He was ordered by High court to Pay 19 Lakhs out of which 5 lakh was the Medical bills of those injured and 14 Lakh was the part compensation to the victims family. THIS COMPENSATION CAN BE INCREASED AS IT IS PART AS OF NOW.
- The other fact which you have quoted is the the SUPREME COURT has overturned the charges, which is not true. The charges were initially of 'Negligent driving' it was then converted to 'Section 304 (cuplable homicide) after public out-cry. However these charges the HIGH COURT OF MUMBAI (Not supreme) has overturned (in 2003) and made it to section 279 (taking human life by rash driving) which has a min jail period of 2 years and a max of 7 yr. However in 2007, the prosecution lawyers have again re-filed a petition in view of additional evidence of the constables statement and the reports and have again asked the court to grant charges back under 304. This is still under hearing.
- Dont get me started on the poaching case as I will go on and on. I have information for the last 9 years on the case. I dont think this forum would be thr right place for so much information exchange. If you are in mumbai or ever come here, you can feel free to meet me and I will be glad to share with you.
I appreciate you trying to help me keep a track of these obnoxious criminals, but I think I will manage just fine.
😆😆
Reemaji,
Man you are funny , if you know Indian law you will know that there is no such thing as "pardon" for the cases Salman is involved in which is what you said in your posts earlier. You should know that he has pleaded " not guilty" to all charges.
The police first charged him with " negligent driving" ( sec 304(a)) but after all the hoopla in the media he was charged with " culpable homicide not amounting to muder" ( sec(304(2)) and was being tried in a Sessions court. Salman appealed for dropping of the more stringent charges and the High Court felt that he should be charged only for negligent driving. The trial started in a Magistrate's court in Bandra and the prosecution appealed to the Supreme Court for applying the more stringent charges. The Supreme Court said that since the trial has started let it continue there and if the Magistrate finds any evidence on record to suggest he committed the more stringnent crime, the magistrate has the power to refer the case to the Sessions Court.
sec 304(a) - negligent driving for which the max sentence is 2 years and the minimum is a fine.
sec 304 - culpable homicide not amounting to murder for which max is 10 years and min is again a fine or he can get a sentence as well as a fine.
If he was charged with the latter at any stage of the trail the case would have automatically gone to the Sessions Court because a section where the maximum sentence is more than 7 years cannot be tried in a Magistrate's Court where the trail is on now and infact I read an article the other day in deccan chronicle after Sanjeev Nanda was given 5 years in the BMW case that the prosecution has finished with its witnesses and the defence will be bringing in its witnesses now.
The constable's statement was always there, its nothing new but the constable in his cross-examination has said that he is not sure whether Salman was drunk and what was the speed of his car. Plus he admitted to giving an interview to midday the very next day of the accident saying Salman tried his best but there was mechanical failure as in the steering wheel got stuck, without any pressure or force from anyone. The judge asked him twice after he admitted to giving the interview " really, you gave it? " .
Infact the FIR registered by the same constable has no mention of him being drunk or driving rashly, it only says that while he was taking a right turn he lost control of the vehicle.
And if the prosecution had indeed made such an appeal to the Supreme Court the trial could not have proceeded in the magistrate's court in Bandra and other witnesses could not have deposed. Many other witnesses have deposed and many have been dropped.
No sorry Salman has not approached the victims because for a very long time noone knew where they were and they have gone back to UP and did come and depose in the court after the summons were sent to them.
About the compensation some NGO's did go to the High Court demanding Salman be put in mental assylum and many other things. During a hearing on their petition the High Court asked Salman's lawyer whether he is ready to pay compensation which we will reward. His lawyer readily agreed to it. The High Court passed an order declaring that Salman deposit 19 lakhs( I got the figure wrong earlier) in the court as deposit. This is the FINAL compensation amount.
Out of this 10lakhs is for the victim's family.
3 lakhs each to the two guys who fractured their legs and are now ok.
1.5 laks each to the other 2 who sustained minor injuries.
The compensation money has still not reached the victim's family and is caught in redtape.
And the rest of their petition as in sending him to mental assylum was dismissed by the High Court.
Yes I know that Salman or his family or his lawyers cannot approach any of the victims because they are the witnesses in the case. But when the accident took place the media went on and on as to why Salman was not trying to reach out to them , so his lawyer had said at the time that he cannot as per the law even though he wants to emotionally but is ready to give any amount in compensation if the courts order which eventually he did.
About poaching, even I know many facts about this case, how the main witness Harish Dulani ( the driver) changed his statement in court 3 times and Salman's lawyers could not even crossexamine him( right of the accused) because he ran away from court the moment he saw Salman's lawyer approaching the premises and has since then not responded to any of the summons sent by the court to him.
He later appeared on national television ( aajtak and zeetv) just before Salman's verdict and said that he wasnot the driver of the gypsy and that the Rajasthan police beat him up and tortured him to give a statement against Salman and that he has not seen Salman or anyone hunting. This was in 2006 that he came out of hiding and has again disappeared.
The Jodhpur court has even asked to register a case against Harish Dulani for changing his statements thrice during trial which amounts to lying under oath.
And how a liar's statement ( read Harish Dulani) was used to convict him that too without giving Salman's lawyers a chance to crossexamine him.
There are many other inconsistencies in the prosecution evidence like the DNA report is totally botched up and many other things which I donot wish to get into.
And yes I live in Mumbai and I have studied law and have much more facts with me and knowledge of law than your media collected erroneous facts.
You are only seeing what you want to see , erroneous media reports who are themselves unaware of law and feed the public mind with sensationalism.
And please no need to argue with me or give me more facts because they are not facts at all but what you want to happen or think has happened.
PS
sec 279 is when you injure( not death) a person by your rash driving for which the max sentence is six montns and min is fine. Its not 2 years to 7 years.
Goodbye.😆
Mannat Har Khushi Paane Ki
