New Delhi: The testimony of the sole survivor in the BMW incident - that it was a truck and not a car which hit the victims - failed to help Sanjeev Nanda from escaping conviction in the case.
Manoj Malik, who survived the accident and also got Rs five lakh as compensation from Nanda, was declared a hostile witness by the prosecution as he had taken a U-turn during his deposition by saying that it was not the car but a truck, which had hit him and six deceased on the fateful morning of January 10, 1999.
In its judgement, the court rubbished his claim.
"It stands proved beyond reasonable doubt that the offending vehicle was this BMW car and not the truck as testified by Malik," it said, referring to various technical evidence.
It relied upon the admission made by the accused during the final argument that the car was involved in the incident.
The court also referred to the mechanical inspection report, which said that the oil tank of the vehicle was empty.
According to the prosecution, the investigators traced the vehicle at a house in posh Golf Link area here following the oil trail caused due to the accident.
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