“The murder though intentional was committed without premeditation. We feel justice would be satisfied if we award the sentence of imprisonment for life to Sidhartha Vashisht alias Manu Sharma,” a bench comprising Justice R S Sodhi and Justice P K Bhasin said in a packed courtroom.
The court which on Monday convicted Manu Sharma for murder, however, differed with the prosecution on the point that Sharma cannot be reformed or that he would continue to be a threat to society.
“There is nothing on record to suggest that there is no probability that the convict can be reformed or rehabilitated. Also, it cannot be said that there is material to suggest probability that the convict (Sharma) would continue to commit acts of violence that would constitute a threat to the society,” the bench observed.
The court also slapped a fine of Rs 50,000 on Sharma to be paid to Lall’s family. He shall undergo further imprisonment for three years if he defaults on the payment.
Sharma was also sentenced to four years’ imprisonment and a fine of Rs 2,000 under the Arms Act and another four years and Rs 2,000 fine for criminal conspiracy and destruction of evidence. All sentences will run concurrently.
Two other convicts, Vikas Yadav, son of UP strongman D P Yadav and ex-Coca-Cola general manager Amardeep Singh Gill, who were found guilty of criminal conspiracy and destruction evidence, were sentenced to four years’ rigorous imprisonment and a fine of Rs 2,000 each. The trial court had acquitted all accused.
The High Court order today followed an hour-long round of arguments kicked off by the prosecution submitting that Sharma’s act was unprovoked and reflected a total disregard for human life.
“The convict (Sharma) was intoxicated with power. Further, each step taken by him after the commission of the crime was an interference with the justice mechanism,” Delhi Police standing counsel Mukta Gupta argued. She pointed out that Sharma had shown no signs of remorse and had fled the spot instead of taking the “helpless and innocent” victim to the hospital.
“His conduct was abominable,” Gupta submitted.
In the reply to the arguments, Manu’s counsel R K Naseem said that the crime was a “single act” and Sharma was not a habitual offender or a menace to society. Emphasis ought to be given on reforming a criminal rather than ‘eliminating’ him,” said Naseem, seeking leniency for Manu.
On Yadav, the prosecution opposed the defence’s plea that he was a well-educated 28-year-old man who had “merely entered the threshold of his life” saying that the convict had allegedly committed “another act of kidnapping and murder” while he was on bail in the present case. The convict was not even fit for parole, it added.
Argument on behalf of 41-year-old Singh Gill that he had no knowledge that “removing the vehicle from the crime spot amounted to destruction of evidence” was cut short by the Prosecution, which said that “being a well-educated man neither did the convict stop Sharma from committing the crime nor did he stop to help Jessica to the hospital.”
“Knowing that a grave offence had been committed he continued to commit an act by which he intended to shield the guilty and remove the evidence,” the court remarked accepting the police’s arguments on Gill’s role in the case.
In a relief for Yadav, the Judges agreed to consider the time spent by him in prison during the entire trial of the case.
Moments after he was handed down life imprisonment, Manu Sharma appeared resigned to his fate. While his counsel were busy completing the procedural formalities, he was being taken to the gallery outside the court-room by the police personnel, where he said, “Mere bhagya mein yehi tha, taqdeer ka faisla (this was in my fate. This was what was destined).”
His counsel Naseem said he would appeal. “We are going to file an appeal. Bina Ramani has wrongly been held as an eyewitness. She was not presented as an eyewitness even by the investigating officer Surinder Sharma before the trial court,” he said.
Sabrina Lall, Jessica’s sister who all this while had maintained that she never wanted death penalty for Manu Sharma, was “extremely happy.” “I feel a man like him should realise that nobody is above law. Giving him death would mean more of a punishment for his parents and family,” said an overwhelmed sister whose wait for seeing the killers of Jessica behind bars came to an end.