Vikas Yadav must be feeling lucky to have escaped with convictions under minor charges of destruction of evidence and criminal conspiracy in the Jessica Lall murder case. Both the offences are bailable.
He appeared to be in trouble during the arguments with the Delhi High Court issuing him an oral show-cause notice asking for explanation why he cannot be charged with murder along with key accused Manu Sharma. Yadav is also the main accused in the Nitish Katara murder case.
“Take it seriously. We issue a notice to you and you are to explain why a case under section 302 (murder) read with 34 of IPC (common intention) cannot be made against your client," a Division Bench of Justice RS Sodhi and Justice PK Bhasin told Yadav’s counsel KN Balgopal.
The court took the decision following the counsel’s failure to answer a query why Yadav cannot be tried for having a common intention behind the murder of Jessica when the prosecution claimed it had evidence showing he was with Manu when the shooting took place and escaped with him. The court later accepted Balagopal’s contention in his written submission that this was not even the case of the prosecution. Citing a Supreme Court judgement, he said a court could not substitute the prosecution case with a different case.