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Old 6th May 2015, 18:01   #31
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

A question to the lawyers in this forum - Can the prosecutor include the fact that the accused tried to make his driver the scapegoat, and hence request for a lengthier sentence?
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Old 6th May 2015, 18:05   #32
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by blue_pulsar View Post
Isn't 5 years of imprisonment too low for killing one person and injuring (attempting to kill) four more? This is not an accident. He drove his car under the influence of alcohol.
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Originally Posted by fine69 View Post
Well, life imprisonment isn't enough for killing someone. But then that's not how the judicial system works.
The charge is "culpable homicide not amounting to murder"- the italicized part is the difference. You can kill someone in various ways but the severity of the punishment is determined by the intent. This is why first degree murderers are treated more harshly than those who commit manslaughter. I'm no lawyer but have watched enough The Practice and Law & Order to know the difference.


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Originally Posted by wheeledsoul View Post
A bit harsh I would say considering that he is already into charity and social work.
No amount of philantrophy can save you if you commit a crime. "He is a good man" can be an argument during sentencing but surely not in deciding a case?

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Originally Posted by poloman View Post
Footpath is not the place to sleep, however cruel this statement may sound this is a reality.
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Originally Posted by saket77 View Post
I feel that sleeping on a footpath also amount to negligence. Had there been nobody sleeping on a main road footpath (which ideally is no place to sleep), this accident would have not caused a loss of life.
This is hogwash. Sleeping on the footpath is not something that any of the victims were doing out of choice. Farah Khan has been at it on Twitter making the analogy of a train driver running over someone on the tracks. What is conveniently left unsaid is that if the train driver hadn't been drunk out of his wits, he would probably have been able to slow the train down in time. In any case, the victims were not in the middle of the road. The car didn't belong on the footpath- rash and negligent drinking while under the influence put it there.
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Old 6th May 2015, 18:10   #33
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by saket77 View Post
My point is if one has to sleep on a footpath, they should choose by-lanes. That's it.

Yes, someone who is new to the city totally knows where the by-lanes are and what is safe? Right? Frankly, stop trying to take a moot point home. The real problem is that someone died - not that someone was sleeping on the footpath. Heck, even when someone is used to the city, the daily laborers for example - they sleep at the construction site itself. Why? Because they simply do not have the money to commute.

Saying that people shouldn't sleep on the footpath if they don't want to be runover is as daft a statement as saying the fairer sex should stay away from cellphones and jeans. You get the drift.

Would agree that 5 years imprisonment is nothing. To think about it, if he had accepted and faced trial when accused, he would've been out of jail by now.

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Originally Posted by shifu View Post
A question to the lawyers in this forum - Can the prosecutor include the fact that the accused tried to make his driver the scapegoat, and hence request for a lengthier sentence?
The driver can be accused of perjury.


Cheers!
Cartman

Last edited by Cartman : 6th May 2015 at 18:11.
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Old 6th May 2015, 18:12   #34
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by StarrySky View Post
I find it amusing that the High Court which has a huge backlog of pending cases has the time to hear a bail petition on such short notice. I wonder what makes this petition a high priority/emergency case in the eyes of the court.
It is very unusual indeed!
Conviction, Sentencing & Bail - all on the same day!
In the end Harish Salve his lawyer got him some relief upto Friday. Face value is what matters in Court.
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Old 6th May 2015, 18:13   #35
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by noopster View Post


This is hogwash. Sleeping on the footpath is not something that any of the victims were doing out of choice. Farah Khan has been at it on Twitter making the analogy of a train driver running over someone on the tracks. What is conveniently left unsaid is that if the train driver hadn't been drunk out of his wits, he would probably have been able to slow the train down in time. In any case, the victims were not in the middle of the road. The car didn't belong on the footpath- rash and negligent drinking while under the influence put it there.
OK footpath is the place to walk, there are hundreds of deaths in this country of people walking on footpath falling in to open drains and losing life. I have not seen booking engineers concerned for culpable homicide.

I read somewhere that Salman surrendered after 8 hours of the accident. Are the alcohol tests done after such a long time conclusive?
He had a pretty bad legal team there. The driver angle was a total mistake. Had he admitted the mistake the sentence would have been much lighter.
One guy Alistair Perreira killed 7 men sleeping on the road under similar circumstance and what he got was 3 years jail. Now where is the equity here?

Last edited by poloman : 6th May 2015 at 18:19.
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Old 6th May 2015, 18:17   #36
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by saket77 View Post
Yup; they do. But speeds are generally slower on narrow roads and number of cars entering by-lanes at night is very less.

Regards.
Nope, not when one is under the influence of alcohol .
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Old 6th May 2015, 18:19   #37
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by saket77 View Post
Yup; they do. But speeds are generally slower on narrow roads and number of cars entering by-lanes at night is very less.

Regards.
A 800kg car travelling at 20kmph can kill no if it runs over a person?
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Old 6th May 2015, 18:23   #38
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

Quote:
Originally Posted by poloman View Post
OK footpath is the place to walk, there are hundreds of deaths in this country of people walking on footpath falling in to open drains and losing life. I have not seen booking engineers concerned for culpable homicide.
I actually agree with you on this. But the reason you don't see this happening is because the torts system in this country is the absolute worst. Try suing the Municipality and see what that gets you. My guess is years of circling the courts and deposing in front of indifferent judges before the whole thing dies a natural death!

Quote:
I read somewhere that Salman surrendered after 8 hours of the accident. Are the alcohol tests done after such a ling time conclusive.
I don't have the details of the evidence submitted in this case and don't think we should speculate. The court has arrived at a judgement after weighing the evidence and we need to respect that.

Quote:
He had a pretty bad legal team there.
You're kidding, right? Salman's plea for bail in the High Court came up within 2 hours of his sentencing. I am told by those in the know that typically these things take years. And his counsel in the HC is Harish Salve whom I have seen appearing several times on television as a legal expert and one of the top lawyers in the country.

Quote:
The driver angle was a total mistake. Had he admitted the mistake the sentence would have been much lighter.
Bribing or coercing a witness to change his story or turn hostile is nothing new in the Indian legal system. In this case it must have taken SOME amount of either or both to get the driver to risk going to jail on Bhai's behalf. My heart really goes out to the constable assigned to Salman's personal security detail who stuck to his story that the actor was drunk AND driving the vehicle at the time. Though he died in 2007 (of natural causes), surely the fact that he was a prime witness (in the back seat when it happened) that decided the case.
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Old 6th May 2015, 18:26   #39
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by msdivy View Post
The case took 13 years. While it is better late than never, why the delay? This in spite of Mumbai police constable Ravindra Patil, being on-duty and prime eye-witness, never changed his statement and maintained all along that Salman was at the wheels of the car and that he was drunk.

Somebody need to analyze the time-line, identify the cause of delay and suggest steps to speed up DUI cases. Hope this verdict acts as deterrent.
Ravindra Patil died in very unfortunate circumstances.
Read this
https://patil.wordpress.com/2013/07/...f-a-messenger/

It shows what happens to you when you take on the high and mighty.
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Old 6th May 2015, 18:29   #40
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

Quote:
Originally Posted by noopster View Post


You're kidding, right? Salman's plea for bail in the High Court came up within 2 hours of his sentencing. I am told by those in the know that typically these things take years. And his counsel in the HC is Harish Salve whom I have seen appearing several times on television as a legal expert and one of the top lawyers in the country.


.
Not at all. They took things for granted in the sessions court. Only after the judgement and understanding he gravity of situation, they brought in Harish Salve.
Salman Khan did not realize that times have changed in the country. With a judgmental 24x7 media and a active social media, the chances of you getting harsher punishments is a reality in this country even if you are rich and famous.
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Old 6th May 2015, 18:30   #41
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

Quote:
Originally Posted by noopster View Post
This is hogwash. Sleeping on the footpath is not something that any of the victims were doing out of choice. Farah Khan has been at it on Twitter making the analogy of a train driver running over someone on the tracks. What is conveniently left unsaid is that if the train driver hadn't been drunk out of his wits, he would probably have been able to slow the train down in time. In any case, the victims were not in the middle of the road. The car didn't belong on the footpath- rash and negligent drinking while under the influence put it there.
Hello Anoop,

I do not subscribe to the views of Mrs. Khan. While I rubbish her analogy too, there is no denying that the punishment is not at all harsh. I have stated that earlier too.
Also, doing a thing 'not by choice' does not makes that correct. Agree that there is no accommodation available to them and the car doesn't belong to the footpath. But if one has to sleep on a footpath, with the kind of drivers around, better to choose a narrow by-lane. That is my point.


Quote:
Originally Posted by Cartman View Post
Yes, someone who is new to the city totally knows where the by-lanes are and what is safe? Right?
Unless someone has a basic common sense and is not blind.

Quote:
Originally Posted by Cartman View Post
Frankly, stop trying to take a moot point home.
I don't intend to take any of my points home. That is my opinion and I have a right to have it.

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Originally Posted by Cartman View Post
The real problem is that someone died - not that someone was sleeping on the footpath.
Yes, and if you have failed to notice in my previous posts, then I re-iterate - the decision is not at all harsh. It should have been a lot more severe.

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Originally Posted by Cartman View Post
Saying that people shouldn't sleep on the footpath if they don't want to be runover is as daft a statement as saying the fairer sex should stay away from cellphones and jeans. You get the drift.
Please stop sensationalizing with analogies and over-present my points.

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The driver can be accused of perjury.
Cartman
Right. And probably Salman can be charged further to misguide the law.


Regards.
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Old 6th May 2015, 18:40   #42
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by saket77 View Post
But if one has to sleep on a footpath, with the kind of drivers around, better to choose a narrow by-lane. That is my point.
Quote:
Unless someone has a basic common sense and is not blind.
I'm sorry, but these two statements fly in each others face. What kind of narrow by-lane has place to sleep? Where's the basic common sense? Re-iterating the fact that the statement should have been harsher does not take away from the point that sleeping in a narrow by-lane is a daft idea.

Just curious, if he had run-over an innocent sleeping in a narrow by-lane, what would be your take on that?

Cheers!
Cartman
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Old 6th May 2015, 18:42   #43
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by saket77 View Post
My point is little distracting from the discussion of the punishment. I feel that sleeping on a footpath also amount to negligence.
Sorry to say this, but your point is absolutely irrelevant here!!. When a car driven by a drunk driver rams into a footpath, it doesn't matter whether someone was sleeping there, standing or walking past, playing cards or drinking. We are talking about the loss of a human life here, and you are bringing such a moot point to the table. I cannot fathom what you are trying to prove here.

On the topic, I read that this case will probably drag on for years, as the accused will appeal against the verdict. In any case, the verdict is indeed a good sign that such influential people can be brought under justice.
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Old 6th May 2015, 18:44   #44
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

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Originally Posted by wheeledsoul View Post
A bit harsh I would say considering that he is already into charity and social work. Agreed he was driving under influence (if indeed he was driving), and had no license but is his offense more serious than that star's who was fully aware of the plot and lent logistical support to anti national elements who were plotting against the nation which resulted in a significant loss of life, property and not to forget the scar it left on the nation.

This star helping anti nationals gets a meagre 42 months jail term with repeated furloughs while Salman gets 60?

Kudos to the judge and our judicial system.

What kind of comparison is this? Because Salman drove over bakery workers, but didn't keep an illegal weapon, and he is allegedly doing some charity, he is suddenly an angelic Samaritan who should get lesser jail term than Sanjay Dutt?
Or some other statements here and online that it is because he is rich and famous that the judiciary or the public are targeting him?
As far as I am concerned he broke the law willingly and knowingly, plus he lied through his teeth, trying to pin the blame on his driver, shamelessly played the charitable person card, all in the hopes of trying to avoid jail time. I think his right and just place is wearing the black and white jail garb, behind bars, interacting with other inmates, and knowing each day, how it feels to pay for intentionally taking innocent lives.
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Old 6th May 2015, 19:20   #45
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Default re: Salman Khan gets 5 years in jail for 2002 drunk driving & hit-and-run accident

Quote:

Just curious, if he had run-over an innocent sleeping in a narrow by-lane, what would be your take on that?

Cheers!
Cartman
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Originally Posted by wantarangerover View Post
Sorry to say this, but your point is absolutely irrelevant here!!. When a car driven by a drunk driver rams into a footpath, it doesn't matter whether someone was sleeping there, standing or walking past, playing cards or drinking. We are talking about the loss of a human life here, and you are bringing such a moot point to the table. I cannot fathom what you are trying to prove .
I am asking if you guys think it is safe to sleep on a footpath? Why the question is so difficult to understand?
Probably because the poor has no other place to sleep.

Also against your question, what if someone's car tire bursted and went over the footpath killing people? Will in that case, suddenly the footpath would become unsafe to sleep?
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