Jessica: Why both sides have hopes

New Delhi: Hours before the Delhi High Court pronounces its judgment in the Jessica Lall murder case in which former Haryana minister Vinod Sharma'a son Manu Sharma is the prime accused, both sides have expressed confidence of getting a verdict in their favour.

The optimism, on both sides, is not without reason. For during the months-long trial, the court did make certain observations, which tilted the balance on either ways on different occasions.

For instance, the prosecution has based its hopes on the court's observation on hostile witnesses. "Many witnesses have not recanted in the real sense. They have said enough. Now it is for the court to decide," the court observed.

Similarly on the Sikh gentleman theory floated by defence counsel Ram Jethmalani, the court said: "There were a hundred people at the party and finger of suspicion is only towards Manu Sharma. Talk of ‘tall Sikh’ is not to be taken seriously."

The court also seemed to accept Bina Ramani's testimony, when it said: "She showed guts. She has stated certain facts which are admissible by itself and did not need any corroboration from other witness."

On the crucial turnaround by Shyan Munshi also, the court ruled that "it was hardly material whether he knew or understood Hindi." The High Court also ruled that the trial judge was wrong in discarding Bhojwani's statement on the ground that his name was not in list of invitees and, therefore, he could be a planted witness.

As for the defence side, it has taken heart from six court observations in which the court said that "the investigating officer has committed lapses and that the police destroyed the case and are blaming the accused." The court also said: "a large share of the blame should go to the prosecutor. He did not confront witnesses when they deviated from the statement given to the police."

The court, on one occasion, also observed that "it is surprising that no witness clearly identified Manu as the man. Prosecution’s own witnesses say shots were fired from two different weapons."

"If Vikas can be charged with destruction of evidence for driving away Manu’s car from the crime spot, what stopped the police from booking Bina for wiping the blood," the court observed on yet another occasion.