SC clears expert of perjury charge in Jessica case

January 10, 2016 10:04

The Supreme Court has quashed the perjury proceedings initiated against a ballistic expert in the Jessica Lall murder case by the Delhi high court in 2013, saying it was "unjust" to attribute any motive to him for changing his original stand.

A bench headed by Chief Justice T S Thakur, while clearing P S Manocha of the charge under section 193 of the IPC, said he has been consistent that a definite opinion in the case could be given only if the suspected firearm is available for examination.

"We fail to understand how the stand taken by appellant (Manocha) attracts the offence of perjury. The appellant has all through been consistent that as an expert, a definite opinion in the case could be given only if the suspected firearm is available for examination.

"It is nobody's case that scientifically an expert can give a definite opinion by only examining cartridges as to whether they have been fired from the same firearm. It was the trial court which insisted for an opinion without the presence of the firearm, and in that context only, the appellant gave the non-specific and indefinite opinion," the bench, also comprising Justice Kurian Joseph, said.

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