HC acquits ex-IPS officer Ravi Kant Sharma in Shivani murder case
Delhi HC acquitted former senior IPS officer Ravi Kant Sharma and two others in the sensational killing of journalist Shivani Bhatnagar in 1999.
Upholding the conviction of Pradeep Sharma, the court said although the motive behind the killing of the Indian Express scribe was unclear, it raised questions whether he acted alone or at the behest of R K Sharma and others or at the instance of someone else.
"These are questions which we cannot answer on the basis of the material before us. The quality of evidence before us is not of a high calibre. The key document Ex.PW135/28 (call record) is riddled with so many problems that it cannot be relied upon.
"Judges, like other human beings, also have suspicions but judges, unlike others who are free to arrive at their own conclusions, cannot and do not convict on the basis of mere suspicion," a bench of Justices B D Ahmed and Manmohan Singh said.
The court, in its 84-page judgement, said the prosecution has failed to establish the link between RK Sharma and the killer and even the crucial records relating to the call details were tampered with and cannot be relied upon.
"Once the link between Pradeep Sharma and the other appellants, insofar as the crime is concerned, is snapped, there is serious doubt about the involvement of the others," it said, adding that the motive of the killing was "unclear".
Justice Ahmed, writing the judgement for the bench, said the prosecution failed to prove the motive behind the offence and the link between three co-accused, who were acquitted, and Pradeep Sharma, the man who killed the victim in her flat on January 23 in 1999 here.
"Although the motive behind Pradeep Sharma killing Shivani Bhatnagar is unclear and has not been established, we have already found, on the basis of other overwhelming scientific and circumstantial evidence, that Pradeep Sharma was the person who killed Shivani Bhatnagar.
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