Would The Court Have Been Lenient Had Salman Pleaded Guilty?

In an alternate universe, Salman pleaded guilty in 2002 and all his fans lived happily ever after.

Salman had all but gotten away lightly, had it not been for the culpable homicide charge invoked against the actor in June 2013. This was a result of a PIL by activist-lawyer Abha Singh. He’s now been sentenced to five years in jail and his legal team has been frantically trying to keep him out on bail.

But would the Courts have taken a more lenient view had the actor admitted his mistake back in 2002?

Sorry Bhai?

Speaking to The Quint, prosecutor lawyer Abha Singh says, “Had Salman been honest and admitted his guilt, maybe, just maybe, he would’ve got a lesser charge.”

So, what did Salman in? Some say his legal team’s over-confidence and the subsequent web of lies could make for a “What-Not-To-Do Guidebook” for defence lawyers.

Their strategy has not been very good. They introduced Ashok Singh as the driver who was at the wheel of the Land Cruiser after 13 years. It appeared that they were trying to take everybody for a ride. Do they think we are all fools? They claimed the samples taken for chemical analysis were broken, that he was drinking water, not alcohol. They tried so many things and that’s why everything started going against him.
– Abha Singh, Activist-lawyer

The Court saw through the precariously placed lies.

It is established beyond reasonable doubt by prosecution that accused was driving the vehicle at the time of the accident.
– DW Deshpande, Judge, Mumbai Sessions Court

Special Public Prosecutor Ujjwal Nikam agrees with the view that Salman was wrongly advised.

Had he accepted guilt in the beginning when the court framed the charges, the position would’ve been different. The Court may have pursued it differently. They may have taken the view that he’s an actor and perhaps taken a lenient view. But after 13 years, the court would not take a lenient view.
– Ujjwal Nikam to The Quint

The Alistair Connect

The Alistair Pereira case has been referred to by both Salman’s defence lawyers and those prosecuting him. On November 12, 2006 a drunk Pereira drove his Toyota Corolla over 15 construction workers, killing seven of them. Unlike Salman, Alistair admitted his mistake. It would be difficult to pick the Judge’s brain and figure if that helped Alistair get away with six months in jail. But the Bombay High Court did take suo motu cognisance of the case and enhanced his punishment to three years.

But initially, it appeared that the Court was inclined to take a lenient view and invoked Section 304 II (rash and negligent driving), which attracts a punishment of up to two years.

In Salman’s case, there never was a question of repentance, because the superstar never admitted his guilt. 

There was a point in Salman’s trial when the more stringent charge, Section 304 A, which attracts 10 years in jail, was dropped. But the truth, as the “Guilty” verdict shows, has a way of catching up.