File photo of Jessica Lall
Bollywood actor Shayan Munshi and a ballistic expert were today summoned by a Delhi court on complaints seeking their prosecution for turning hostile in the Jessica Lall murder case.
Chief Metropolitan Magistrate Vidya Prakash have sent summons to Munshi and Prem Kumar Manocha for December 18 after taking cognizance of the complaint filed by the Delhi High Court registrar on the basis of the March 22 high court order directing their prosecution for perjury.
"After considering averments made in the criminal complaint filed under section 340 CrPC (relating to lying on oath)...I take cognizance in the matter," the magistrate said.
"Having regard to the facts and circumstances of the case as well as the material available on record, court is of the view that there is sufficient ground to summon the accused in the case. Accordingly accused be summoned for December 18," he added.
Munshi, who was led as primary witness of prosecution in the case, and Manocha are accused of lying on oath during trial before the sessions court and introducing the "two-gun theory", which was the primary defence taken by the convicts.
The high court registrar had filed two separate complaints against them in September.
Seeking Munshi's prosecution under section 193 IPC (giving false evidence in judicial proceedings), the complaint said, "This change of statement by him was to clearly align himself with a defence taken by accused in trial that there were two persons at the spot with firearms and that the two shots had been fired from separate firearms.
"The evidence of accused Shayan Munshi was on a material and critical position of the case."
The complaint said the trial court had acquitted the convicts the first time after gathering evidence from statements of Munshi and Manocha, that it could not be said whether the two shots were fired from the same firearm.
Munshi was at the bar counter when Ms Lall was shot dead on the intervening night of April 29-30, 1999 by Manu Sharma, son of Haryana Congress leader Venod Sharma after she refused to serve him a drink at a late night party at socialite Bina Ramani's restaurant Tamarind Court in South Delhi.