New Delhi: Justice for Jessica could finally be a reality. In a note that he sent to the Ministry of Law and Justice in Delhi, Special Public Prosecutor, SK Saxena, clearly stated that there was enough circumstantial evidence for the accused in the Jessica Lall case "not to be acquitted".
The note could finally lead to an appeal in the High Court in Jessica Lall murder case. Saxena says that there was enough circumstantial evidence available with the sessions court to confirm the guilt of the accused.
Shifting the blame to the sessions court, the note claims that some of the vital evidence was ingored. For example, eyewitness Shayan Munshi said in the court that he could not understand Hindi and hence did not know what he signed in 1999 as the FIR was in Hindi.
The Prosecution note says that the Court did not take note of the fact that Munshi has been acting in Hindi Films and hence obviously could understand the language.
Prosecution witnesses Deepak Bhojani, Bina Ramani and Malini Ramani, all identified that Manu Sharma was present in that party on April 29, 1999. But the court chose to ignore their testimonies on the ground that Bina Ramani's guest list did not include Manu's name.
Manu Sharma failed to produce his licenced gun during trial. Nor did he have a logical explanation of where his weapon went. The court did not press him further inspite of the fact that the prosecution suspected that the same weapon might have been used to fire at Jessica.
The Tata Safari car of Manu Sharma was recovered with a .22 bore cartridge from Noida. This cartridge matched the empty one that was found at the scene of crime. But no note of the seizure memo was taken by the court.
The note says that the focus should be less on hostile witnesses and more on the circustantial eveidence that was available. More than a re-investigation, what it calls for is a full retrial of the Jessica Lal case.
After filing the fresh FIR, Delhi police commisioner had assured the press that the the appeal would be filed in a couple of days.
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