LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Jessica Lal Murder Case

Archit Uniyal ,
  12 May 2020       Share Bookmark

Court :

Brief :
In the light of the above discussion, on 19 April 2010 the court held that the prosecution has established its case beyond doubt against the appellants and were in agreement with the conclusion arrived at by the High Court.
Citation :
Manu Sharma v. State (NCT of Delhi)

The guilt of an accused should be proved beyond reasonable doubt by the prosecution

Jessica Lal Murder Case

  • Citation: Manu Sharma v. State (NCT of Delhi), (2010) 6 SCC 1
  • Bench: P. Sathasivam, Swatanter Kumar

Facts:

Jessica Lal, a bartender was shot by Manu Sharma on April 29,1999 in Delhi after she refused to serve him a drink after the closing hours.

Procedural History:

In the ensuing trial, Manu Sharma and a number of others were acquitted on 21 February 2006.Following intense media and public pressure, the prosecution appealed and the Delhi High Court conducted proceedings on a fast track with daily hearings conducted over 25 days. The trial court judgment was overturned, and Manu Sharma was found guilty of having murdered Lal. He was sentenced to life imprisonment on 20 December 2007.

Appellants Contention:

  1. The appellant Manu Sharma has been denied his fundamental right to free and fair trial which is guaranteed under Article 21 of the Constitution of India.
  2. The finding of the High Court that Manu Sharma took out his pistol and first fired at the ceiling and then at Jessica Lal is based on no evidence.

Contention on behalf of the State:

The party submitted that the Trial Judge had committed an error in acquittingthe accused and the High Court being an Appellate Court is fully justified in re-analysing the evidence and convicting the appellants and awarding appropriate sentence.

Issue:

Whether the impugned order of the High Court imposing punishment when the trial Court acquitted all the accused in respect of the charges levelled against them is sustainable?

Holding:

In the light of the above discussion, on 19 April 2010 the court held that the prosecution has established its case beyond doubt against the appellants and were in agreement with the conclusion arrived at by the High Court.

 
"Loved reading this piece by Archit Uniyal?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"



Published in Others
Views : 848




Comments




LCI Learning Hindu Laws


Latest Judgments


More »


Post a Suggestion for LCI Team
Post a Legal Query