FORENSICS IN JESSICA LAL MURDER CASE - A CRITICAL

ANALYSIS

I. CHAPTER 1
i. Introduction
This contains an introduction into forensic science and it provides a connection
between my research topic and forensic science. It also contains details and basic
information of the case is given. This contains general introduction that highlights the
backdrop and facts of the case.
ii. Statement of Problem
This contains the statement of the problem.
iii. Research Question
This contains the hypothesis of the research question.
iv. Research Methodology
This contains the method of conducting the study.
v. Literature Review
This contains the review of literature and other resources which have been used in the
study.
II. CHAPTER 2: Research Question 1: What are the major Forensic Loopholes in the
Jessica Lal Murder Case?
This Chapter deals with the 1 st research question and the analysis on it. This chapter
gives a detailed and critical analysis on the various forensic evidences in the Jessica
Lal murder case and how it was used. It also aims to cover multiple facets of the case
and whether the evidences were tampered or not?
III. CHAPTER 3: Research Question 2: Whether there could have been other Forensic
evidences in the case that was not taken into account?
This Chapter deals with the 2nd Research Question and the Analysis on it. Forensic
evidences by the Police and Forensic Experts. This question aims to establish
possibilities for other evidences that could have been used in the present case.
IV. CHAPTER 4: CASE LAWS
V. CHAPTER 5: SUGGESTIONS
This chapter contains suggestions of the researcher.
VI. CHAPTER 6: CONCLUSION
This contains the final conclusion of the study.

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 INDEX OF CASES

 Sidhartha Vashisht vs. State (NCT of Delhi) (19.04.2010 - SC) :

MANU/SC/0268/2010
 State (Through Cbi) vs Santosh Kumar Singh on 17 October, 2006
 Dr. Rajesh Talwar And Another V. Central Bureau Of Investigation, 2013 (82) ACC
303
 Vishal Yadav vs State Of U.P. on 2 April, 2014

2
 I. CHAPTER 1

i. Introduction
Forensic evidence plays a very important role in investing serious crimes and plays a crucial
role in determining the actual facts of the case. In various cases the Forensic evidence has a
conclusive value and based on it the case can be decided. However, delay in submitting such
forensic reports or incorrect expert opinion destroys the case and can lead to dire
consequences and spoil the very notion of justice delivery system. The courts in many such
cases have advised and warned the police and forensic experts to follow all the proper
procedures related to forensic evidence. The courts have highlighted their “Casual
Approaches” but there has been no such improvements made. According to various sources
and experts there is a lack of proper coordination between police and forensic experts. There
are also delays in submitting such forensic evidences and many times due to pressure of time.
There are also instances of labs giving wrong or incorrect opinion on forensic
material.Section 45, 46 AND 47 of the Indian Evidence Act plays a crucial role in validating
forensic evidences and expertbefore the H’BLE Court.

In the case of Sidhartha Vashisht vs. State (NCT of Delhi) 1, JessicaLal a model in New
Delhi, was working as a celebrity barmaid in a very crowded Celebrity party when she was
shot on 29 April 1999, which lead to her death. Plenty of witnesses pointed to Manu Sharma,
the son of a wealthy congress Politician Vinod Sharma, as the murderer. In the trial, Manu
Sharma and 8 accused were acquitted on 21stFebruary 2006due to lack of evidence.
“Following intense media and public pressure, the prosecution appealed and the Delhi high
court conducted proceedings onfast track with daily hearings for over 25 days. The High
Court found Manu Sharma guilty of having murdered Jessica Lal. He was sentenced to life
imprisonment on 20thDecember 2006, along with 3 others.”2 Four of the witnesses who had
initially said they had seen the murder happen and were there at the time of murder
eventually turned hostile. ShayanMunshi, a model and very close friend who was serving
drinks beside Jessica Lal, changed his version of story completely; as for earlier testimony
recorded with the police, “he said that the writing was in Hindi, a language he was not
familiar with, and it should not be relied upon. Also, it appeared that the cartridges used in

1
(19.04.2010 - SC) : MANU/SC/0268/2010
2
Times of India, Jessica Lal murder case: All 9 accused acquitted, February 22nd 2006

3
the murder were altered.”3Although the gun was never recovered, these cartridges were for
some reason sent for forensic evaluation, where it turned out that they had been fired from
different weapons. This led to a further weakening of the prosecution’s case.This was due to
a witness turning Hostile and inadequate forensic report submission by Forensic experts that
there was a miscarriage and delay in justice. The supreme court finally convicted Manu
Sharma and sentenced him Life Imprisonment. But, due to the confusion and unsureity of the
Forensic Reports there a subsequent waste of the Court’s valuable time.

ii. Statement of Problem

The 1999 Jessica Lal murder case is a classic example of a Forensic Science Lab (FSL)
giving an “incorrect” report. The trial court had acquitted Lal’s killer, Manu Sharma, while
relying on the ballistic (forensic firearm) report, which wrongly stated that two weapons were
used in the offence. The trial court’s decision was set aside by the Delhi high court and then
by the Supreme Court, which rejected the two-weapon theory which was stated in the case 4.
This paper deals with the forensic errors in Indian context and how it has an adverse effect on
the Indian Legal System and also, if there are some ways to improve the procedure. The main
problem that this project deals with that how justice is not delivered due to forensic errors
which could have provided conclusiveness to the whole case. The statement of problem has
helped in deriving two main problems framed in the form of question that will be the main
theme and topic to research on this paper.

iii. Research Questions

1. Research Question 1: What are the major Forensic Loopholes in the Jessica Lal
Murder Case?

The answer to this question aims to give a detailed and critical analysis on the various
forensic evidences in the Jessica Lal murder case and how it was used. It also aims to cover
multiple facets of the case and whether the evidences were tampered or not.

2. Research Question 2: Whether there could have been other Forensic evidences in the
case that was not taken into account?

Due to this case gaining media attention and various pressure from different sources, there
could have been a possibility of missing out on crucial Forensic evidences by the Police and

3
T.O. Aswathi in his article Media, The Backbone Of Democracy: A Case Study of Jessica Lal Murder Case,
Chapter 1-4, dated 23rd December 2010
4
IBID at 2

4
Forensic Experts. This question’s answer looks to establish possibilities for other evidences
that could have been used in the present case.

iv. Research Methodology

This project will follow the doctrinal method of research relying on Articles, precedents,
statutory provisions, forensic science, judgement of the case and related Case Laws. It further
follows the analytical method by first identifying the relevant provisions pertaining to the
Indian Evidence Act, Code of Criminal Procedure and The Indian Penal Code. There
would also be reference to other Acts, if Necessary. After identification of the relevant
provisions and considering all the facts of the case, this project analyses the use of forensic
science in the case and the relevant sections and case laws. After the analysis, the answer to
the research questions will be found and the various aspects of the case and forensics will be
covered. The final conclusion will contain suggestions (if any) and inferences for the
strengthening or expanding the use of Forensic Science in the Indian Legal System.

v. Literature Review
1. The Judgement of the Case Manu Sharma Vs NCT of Delhi has been the backbone
of this Research Project as it helped in stating the facts of the case and the chronology
of the events that took place in the particular case. As the case stated “Disturbed by
the conduct of many of the witnesses turning hostile, theHigh Court, in the
appeal against acquittal, initiated suo moto proceedings, by notice dated
20.12.2006 against 32 witnesses including theappellant. After considering their
replies, the proceedings against afewof them were dropped. However, theappellant
and a few others were directedto be proceeded against. The Court was of the
opinion that the oralevidence tendered by the appellant reflected a shift in stand
from that ofthe written opinion which was apparently to help the accused, and
hence,Section 193 of the Indian Penal Code (45 of 1860) (hereinafter referred to as
‘IPC’) was attracted.”
2. Another case law Court in State (Delhi) v. Pali Ram has aided my research and
provided vital points regarding -“The real function of the expert is to put before the
court all the materials, together with reasons which induce him to come to the
conclusion, so that the court, although not an expert, may form its own judgment
by its own observation of those materials. Ordinarily, it is not proper for the court to

5
 ask the expert to give his finding upon any of the issues, whether of law or fact,
because, strictly speaking, such issues are for the court to determine.”
3. The article by Times of India on this Case dated 21 st December 2009 has aided this
project with vital points about the hostile witness in the case and alo about the
forensic mistakes and the two-weapon theory which the Supreme Court Of India has
rejected. It also states about Perjury Charges that were framed against the forensic
experts and hostile witnesses. This Article has provided the main flesh to the project.
4. The work of T.O. Aswathi in his article Media, The Backbone Of Democracy: A
Case Study of Jessica Lal Murder Casehas added extra details and strength to the
interim on how the media has helped considerably in this case in bringing out the
mistakes of Forensic and Evidential errors.
5. https://www.indiatoday.in/magazine/crime/story/20060313-jessica-lal-murder-case-
investigation-by-delhi-police-under-scanner-783524-2006-03-27, throws light on the
investigation carried out by the Delhi police for the said crime. This gives an insight
into the actual investigation conducted by the police.
6. https://www.legalindia.com/jessica-lal-a-case-of-indian-realism , this source provides
the researcher with a full report on the said crime.
7. https://news.rediff.com/report/2010/apr/19/sc-slams-two-weapon-theory-in-jessica-
lal-case, this source throws light on the weapons used in the case in undermining how
the crime was carried out.
https://www.legallyindia.com/the-bench-and-the-bar/jessica-lal-murder-hostile-
ballistic-expert-was-extremely-confused-not-hostile-sc-20160108-7055, this source
aids this paper by providing insight into the ballistic expert who was handling the said
crime.
8. https://lexinsider.com/forensic-expert-not-guilty-of-perjury-sc-in-jessica-lal-case , this
source aids in understanding the position of the forensic expert with regard to this
crime.
9. https://timesofindia.indiatimes.com/New-evidence-in-Jessica-Lall-murder-case/
articleshow/35151006.cms, this source throws light on the evidence which was
deduced from the said crime scene.
10. http://legalserviceindia.com/legal/article-344-role-of-ict-in-forensics-and-
evidence.html, this source gives an insight into the evidence and the forensic in
connection to the said crime.

6
 II. CHAPTER 2:
Research Question 1: What are the major Forensic Loopholes in the Jessica Lal Murder
Case?

The Jessica Lal Murder case has many forensic and legal loopholes that has led to a constant
and long failure to justice. In the milestone murder case the Delhi high court, in 2006, had
indicted 10 people for the 1999 murder of Delhi-based model and entertainer Jessica Lal. The
Supreme Court, in 2010, upheld the conviction including that of fundamental blamed Manu
Sharma who had shot bullet at Lal at the gathering where she, as a bartender, had wouldn't
serve him a drink. Sharma is the son of Haryana Congress pioneer Vinod Sharma.5

P.S.Manocha, in his capacity as a Forensic Expert at the year 2000 trial in the m case, murder
had changed his stand in the court. The Delhi police had requested his assessment on whether
the bullets terminated at Jessica were from a similar gun. In his written statement he had said
that a conclusive opinion on the inquiry was unrealistic without the gun for testing in the
research center. In his oral testimony under the watchful eye of the preliminary court he said
that the projectiles seem to have been fired from different firearms.The Delhi high court, on
20 December 2006 started prevarication procedures against 32 threatening observers for the
situation, including Manocha for whom the court accepted and was "determined to let the
charged Manu Sharma off the hooks" as when he ventured onto the witness box "the defence
had shaped its distinct arrangement around a 'two weapon theory'".

The court observed although Manocha had provided an incorrect and inconsistent theory
regarding the two weapon theory he was not charged with perjury as the court stated that to
caution against initiating perjury proceedings against experts without giving the expert’s
evidence a “closer scrutiny” , “that too especially when the expert himself has lodged a
caveat regarding his inability to form a definite opinion without the required material”. It said
that the difference in opinion in this instance was not sufficient to reject the evidence from
Manocha and call him hostile. It added:“The duty of an expert is to furnish the court his
opinion and the reasons for his opinion along with all the materials. It is for the court

5
(19.04.2010 - SC) : MANU/SC/0268/2010.

7
thereafter to see whether the basis of the opinion is correct and proper and then form its own
conclusion.”6

So, the first couple of major loopholes in this case include the turning of the witness
hostile(as stated in the introduction) and the inadequate and insufficient forensic opinion of
the forensic expert. Because of this justice was delayed and forensic evidences tampered and
unclear. The defence of convict Manu Sharma in the Jessica Lall murder case that two
weapons were used in the offence did not sustain the scrutiny in the Supreme Court which
said the ballistic report was vague and no credence can be lent to it.The Supreme Court, in its
judgement, held that the prosecution has established its case against Manu Sharma beyond
reasonable doubt that he was the holder of .22 bore pistol as the live cartridge of that make
was found in the car used by him on the day of the offence. It also noted that the lead of the
cartridge of same make was recovered from the skull of the Jessica Lall, two empties of
bullet of the same were found at the spot. 7The Supreme Court also rejected the contention of
the defence that the police theory was concocted and they deliberately framed Manu Sharma
as an accused and made out a false story against him concealing the actual offender who was
a tall Sikh gentleman.8

The court held that Manu Sharma cannot take the benefit of non-recovery of his firearms
stating that this defence was an afterthought as he failed to intimate the magistrate or
the police about the fate of the weapon. When a raid was conducted at his farm house
at Samalkha, his pistol ammunitions and arms license were taken away by the police. Having
failed to produce the same, an adverse inference was drawn against him.The only inevitable
conclusion that could be reached from the said turn of events was that the pistol was still
in custody of the accused and had never been recovered by the police from his farmhouse.It
was well settled that while giving reports after ballistic examination, the bullets, cartridge
case and the cartridges recovered and weapon of offence recovered were carefully examined

6
https://www.indiatoday.in/magazine/crime/story/20060313-jessica-lal-murder-case-investigation-by-delhi-
police-under-scanner-783524-2006-03-27.
7
htmhttps://www.legallyindia.com/the-bench-and-the-bar/jessica-lal-murder-hostile-ballistic-expert-was-
extremely-confused-not-hostile-sc-20160108-7055https://lexinsider.com/forensic-expert-not-guilty-of-
perjury-sc-in-jessica-lal-case/https://timesofindia.indiatimes.com/New-evidence-in-Jessica-Lall-murder-case/
articleshow/35151006.cmshttp://legalserviceindia.com/legal/article-344-role-of-ict-in-forensics-and-
evidence.html.
8
http://legalserviceindia.com/legal/article-344-role-of-ict-in-forensics-and-evidence.html.

8
and test firing done at the FSL by the said weapon of offence and then only a specific opinion
is given," the court said.9

But due to the inconsistent and unreliable ballistic and forensic report, justice was delayed in
this case. Opinion should have been made by examining every aspect of the case and being a
forensic expert and stating a two weapon theory shows the loophole and problem that is
existent in the current scenario in India. People get away due to incorrect and vague reports
which is due to forensic loopholes. The media has helped bring justice in this case as it has
been scrutinised and criticized by the Media. But, not every case gets media coverage and
some of the cases where there is a miscarriage of justice due to problems similar to the above
mentioned stay unnoticed

III. CHAPTER 3:

Research Question 2: Whether there could have been other Forensic evidences in the
case that was not taken into account?

Now the second statement of problem regarding whether there could have been other forensic
evidences that could have been taken into account for strengthening the case and prevented
the delay of justice. Due to this case being a high profile case, many aspects were not covered
and many important evidences and forensic evidences could have been tampered or might not
have been taken into account.

The first and foremost point is that there was no proper Forensic examination of the crime
scene as well as the body. Altough the bullet was found in the body and later on it was crucial
in putting Manu Sharma behind bars, the reports were late and were not in consistency to the
scenario. The most classic example is the theory of two-bullet which stated that two weapons
were used and due to the witnesses turning hostile, the district court believed the theory by
the ballistic expert without even scrutinising this. 10Then, in all the sources and information
related to the case there has been no mention of basic forensic tests and no mention of an
adequate crime scene management system. The examination of Fingerprint, track-marks,
fibre etc were not carried out which could have been conclusive evidence in this case as
mention in the Evidence Act, 1872 (section 45). Various fingerprint techniques existed that

9
https://www.legalindia.com/jessica-lal-a-case-of-indian-realism/https://www.legalindia.com/jessica-lal-a-
case-of-indian-realism/.
10
https://lexinsider.com/forensic-expert-not-guilty-of-perjury-sc-in-jessica-lal-case/.

9
time and even fibre and footmarks could provide as an important evidence in the case.
11
There was an inconsistent report made by the ballistic expert when it comes to the bullet
and declaration of the 2 weapon Theory. But, if there were proper forensic checks and
evidences regarding the above mentioned collection techniques then there would not have
been a delay and miscarriage in the Indian Legal System and Manu Sharma would have been
put behind bars earlier.12

The crime scene was also not managed properly. In the first investigation due to a lot of
pressure and the case being a high profile one, many crucial evidences were missed out by
the investigation officers which they failed to recover the second time. Due to this lack of
other secondary evidence the prosecution case got weakened when the witnesses turned
hostile as they were the only proper evidence they produced. If there had been a proper crime
scene management and every minute facts were covered in the same the case would have
been a different one and one of the positive examples of forensics being used to deliver
justice in India.

IV. CHAPTER 4: CASE LAWS

 There are many such incidents which have taken place, just like Jessica lal in our
Indian legal system. One such incident is Priyadarshini Mattoo case. Priyadarshini
Matto was a 25 year old law student who was found raped and murdered at her house
in new delhi on January 23, 1996. On October 17, 2006, the Delhi High Court found
Santosh Kumar Singh guilty on both counts of rape and murder and on October 30 of
the same year sentenced him to death. On October 6, 2010, the supreme court of india
commuted the death sentence to life imprisonment. Santosh Kumar Singh, the son of
a Police Inspector-General, had earlier been acquitted by a trial court in 1999 13, and
the High Court decision was widely perceived in india as a landmark reversal and a
measure of the force of media pressure in democratic setup. The evidence and
forensic in this case were tempered and this decision went in favor because the facts
and evidences were not presented correctly in the lower court. The intense media
spotlight also led to an accelerated trial, unprecedented in the tangled Indian court
system.

11
https://timesofindia.indiatimes.com/New-evidence-in-Jessica-Lall-murder-case/articleshow/35151006.cms
12
https://news.rediff.com/report/2010/apr/19/sc-slams-two-weapon-theory-in-jessica-lal-case.
13
State (Through Cbi) vs Santosh Kumar Singh on 17 October, 2006.

10
  The infamous Aarushi Talvar case shows the loophole in the Police investigation
which is not being solved till today. 14 Just because the police failed to check the
terrace in the 1st search and there was enough time to tamper with the evidences of the
case there was nothing that the police got as a conclusive evidence and still remains
unsolved.

 Another incidence which also show the mockery of our criminal system and loophole
In forensics is Nitish Katara case. Nitish Katara was a 24 year old indian business
executive in Delhi, who was murdered in the early hours of February 17, 2002, by
Vikas Yadav the son of influential criminal-politician D.P. Yadav. Nitish had recently
graduated from the Institute of Management Technology, Ghaziabad, where, he had
fallen in love with his classmate who was sister of Vikas 15. The trial court held that
Nitish’s murder was an honour kiling because the family did not approve their
relationship. Vikas and Vishal Yadav were later found guilty by the trial Court and
awarded life sentence on 30 May 2008. Initially due to tampering of forensic evidence
and witness turning hostile, justice was not being served and there was a constant
delay in justice just like the Jessica Lal Murder Case.

V. CHAPTER 5: SUGGESTIONS

Following are the suggestions to strengthen the use of forensics in the Indian Legal System.

 Not delaying the process of investigation and forensic tests.

 Use of Forensic only by experts.
 Establish standard terminology to be used in reporting on and testifying about the
results of forensic science investigations and establish model laboratory reports with
minimum information specified.
 Research (and publish in respected scientific journals) the validity of forensic
methods, quantify limits of reliability when forensic evidence conditions vary,
develop measures of uncertainty in the conclusions of forensic analyses, and automate
techniques.
 Remove public forensic laboratories from law enforcement or prosecutor’s
administrative control.

14
Dr. Rajesh Talwar And Another V. Central Bureau Of Investigation, 2013 (82) ACC 303
15
Vishal Yadav vs State Of U.P. on 2 April, 2014

11
  Research human observer bias and error in forensic examinations and develop
standard operating procedures to minimize potential bias and error.
 Mandate accreditation for all laboratories and facilities (public or private) and
mandate individual certification of forensic science professionals.
 Establish routine quality assurance and quality control procedures to ensure the
accuracy of forensic analyses and the work of forensic practitioners.
 Establish a national code of ethics for all forensic science disciplines that can be
enforced through certification.
 Improve graduate education programs with attractive scholarship and fellowship
offerings and establish continuing legal education programs for law students,
practitioners, and judges.
 Improve death investigations through establishing a nationwide medical examiner
system with all medicolegal autopsies being performed or supervised by a board
certified forensic pathologist.

VI. CHAPTER 6: CONCLUSION

This is the Final chapter of this project. As we can see inspite of all its success, India’s
democracy is at risk of becoming de-legitimized because of increasing lack of faith many
Indians have in the judicial process. Yet the problem is that in the democracy, the judiciary is
constituted to serve as the counter-majoritarian protector of minority interests. Now that the
courts are also seen by many as a futile forum in which to bring about social change, it is a
little wonder why those who are aware of the turmoil within the Indian legal system fear that
this great democratic experiment is encountering one of its biggest crises to date. When the
accused are powerful, it could be a combination of both. There is after all the factor of
social bonding, you do not give evidence against your own friends. It was after all a party
where everyone knew everyone else.But the question still remains -- was there no other
outcome possible? What ails the legal system, when times without number, it comes up
with acquittals, especially when the accused are powerful? Strangely enough, Jessica
Lal's sister hit the nail on the head when she said that there is too much reliance on
eyewitness evidence in our system and not enough reliance on circumstantial evidence.
Methods of crime investigation have not improved; indeed there is no desire to
investigate in a scientific manner. Witnesses will and do turn hostile. But investigations

12
must proceed independently of eyewitnesses to draw conclusions based on a chain of
circumstances that led only to one conclusion. A very major question that begs an
answer is why was Manu Sharma granted bail? This is what enables witnesses to turn
hostile, the opportunity provided to the accused to access witnesses.Tampering with the
prosecution is not taken seriously. There has been no investigation into the question that
who caused the witnesses to turn hostile. Surely, it is time for judges to commence such
investigations, before an acquittal can be pronounced.There is no witness protection
programme in the country. A law commission report gathers dust. Petitions files in the
Supreme Court over the Gujarat killings asking for witness protection programmes also
gather dust. There is a lethargy over the questions, a dangerous lethargy which will
cause people to settle their scores outside court.This is not just an imaginary scenario. It
has happened in Nagpur, when women walked into a courtroom and killed a person
accused of rape inside the courtroom out of anger, knowing that he would be let off, yet
again, by the police and the courts.These wake up calls have gone unheeded. But
perhaps the most pathetic aspect of the case is the failure of civil society, the failure of
Bina Ramani's friends to rise to the occasion and give evidence against the
accused.There were many eyewitnesses to the killing. They chose to look the other way.
This is social bonding at its worst. If there are any true accused in this case, it is they,
those who saw the killing but refused to come forward and give evidence.

13
BIBLIOGRAPHY-

WEB SOURCES-

 http://www.manupatrafast.in
 https://www.scconline.com
 https://www.indiatoday.in/magazine/crime/story/20060313-jessica-lal-murder-case-
investigation-by-delhi-police-under-scanner-783524-2006-03-27
 https://www.legalindia.com/jessica-lal-a-case-of-indian-realism/
 https://news.rediff.com/report/2010/apr/19/sc-slams-two-weapon-theory-in-jessica-
lal-case.
 https://www.legallyindia.com/the-bench-and-the-bar/jessica-lal-murder-hostile-
ballistic-expert-was-extremely-confused-not-hostile-sc-20160108-7055
 https://lexinsider.com/forensic-expert-not-guilty-of-perjury-sc-in-jessica-lal-case/
 https://timesofindia.indiatimes.com/New-evidence-in-Jessica-Lall-murder-case/
articleshow/35151006.cms
 http://legalserviceindia.com/legal/article-344-role-of-ict-in-forensics-and-
evidence.html

BOOK SOURCES-

 Law of Evidence Act, 1872

 Code of Criminal Procedure, 1973
 “Forensic Science in Criminal Investigation & Trials” by B R Sharma
 T.O. Aswathi in his article Media, The Backbone Of Democracy: A Case Study of
Jessica Lal Murder Case, Chapter 1-4, dated 23rd December 2010

14
 Times of India, Jessica Lal murder case: All 9 accused acquitted, February 22nd 2006

15