The trial court which sentenced Salman to five years in jail had rejected the defence that he wasn't driving the car on the night of September 28, 2002, when it rammed into a bakery in suburban Bandra, killing a man and injuring four.
His lawyer Amit Desai today argued in the High Court -- which is hearing Salman's appeal -- that driver Ashok Singh's name had been mentioned in the statement of Ravindra Patil, the then police bodyguard of the actor, but the police did not make Singh a witness.
Singh was examined by Salman's lawyer as a defence witness during the trial but the judge erred in holding that Singh was only trying to save his master and his testimony was not credible, Desai said.
Ashok Singh had also gone to the Bandra police station after the mishap to give his statement but the police didn't record it, he said.
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Desai also said that two investigating officers had offered different versions of events before the trial court, and a contempt of court action should be taken against them.
The arguments would continue on October 23.