Bollywood actor Shayan Munshi today pleaded before the Delhi High Court not to prosecute him on charges of perjury for turning hostile in his deposition during the murder trial of ramp model Jessica Lall.
As the proceedings for prosecution of 31 hostile witnesses resumed before a division bench of justices S Ravindra Bhat and G P Mittal, Munshi's counsel Aman Lekhi pleaded before the court to discharge his client arguing that he cannot be termed hostile as even the apex court had used part of his deposition in convicting Congress leader Venod Shrama's son Manu Sharma and others for the crime.
"The Supreme Court did not discard Munshi's statement completely but accepted some portion of his testimony," Lekhi argued, while referring to the high court's December 2006 findings that it had issued the show cause notice to his client and other witnesses in public interest.
Opposing Lekhi's argument, Delhi Government's Standing Counsel (Criminal) Pawan Sharma pleaded before the court to refer to 19 out of the 31 hostile witnesses, including Munshi, to the magisterial court for their trial on charges of perjury.
Sharma pointed out to the court that out of the total 31 witnesses, now only 19 were available for trial as three are dead while the court itself had discharged 10 of them earlier on the ground that there was no major deviation between their statements to the police and later to the court.
Sharma argued that in December 2006, this very court had taken a serious note of the act of these witnesses and issued show cause notices to them.
"These people should not be given any further opportunity for hearing," he contended.
Asking the court to refer the matter forthwith to the court of city's additional chief metropolitan magistrate (ACMM) for trial of 19 witnesses, Sharma argued that the hostile witnesses should not be given any more chance by this court.
The bench, however, after hearing the replies from the witnesses, adjourned the matter for March 15.
The 19 persons, who were facing court proceeding for turning hostile in the case included socialite Andleeb Sehgal, ballistic experts Roop Singh and Prem Sagar, electrician Shiv Shankar Dass and eyewitness Jagannath Jha.
Munshi is facing perjury charge as it was he on whose statement the police had registered the FIR against Sharma and was the star witness of the prosecution.
But during his deposition in the court, he had turned hostile and introduced the "two-gun theory" that led to Manu's acquittal by the trial court.