The Bombay High Court may discard the evidence by the main prosecution witness Ravindra Patil in the 2002 hit-and-run-case involving Bollywood actor Salman Khan.
The court observed that evidence of the injured is not devoid of inconsistencies and the prosecution had failed to prove the truthfulness of the witness, who claimed that Khan was intoxicated.
"It's difficult to accept the answer of witness Ravindra Patil (Salman's bodyguard), who said that car tyre burst due to impact. In a criminal trial it's the duty of the prosecution to establish its own case and not for the accused to prove his innocence," the High Court said.
Earlier, the Supreme Court had rejected the plea to cancel the superstar's bail filed by Patil's mother.
Salman was granted bail by the Bombay High Court the same day he was convicted and sentenced by the session's court.
On May 6 this year, Salman was convicted for culpable homicide not amounting to murder, besides several other offences and sentenced to five years jail against which he filed the present appeal in the High Court.
