PW-6: Malini Ramani

33. PW-6 is Malini Ramani, She states that in the year 1999 parties wereorganized at Qutub Colonnade. Liquor was consumed at these parties. On 29.4.1999there was a party at the Qutub Colonnade which was a Thursday. It was organizedto bid farewell to her step father, George Mailhot, who was going abroad forfive months. The witness was at Qutub Colonnade on that evening. Jessica Lal wasalso there. Her mother, (Beena Ramani) was also present. Shyan Munshi was alsopresent. The party was over around 1.00 a.m. approximately and at about 1.45a.m. the witness went along with Sanjay Mehtani to the restaurant to look forsomething to eat. The witness was holding a drink in her hand. She found JessicaLal was there in the restaurant and Shyan Munshi along with some waiters wasalso present. She went behind the food counter looking for something to eatinside the Cafe but could not find anything. In fact, according to the witness,there was nothing to eat or drink for the last hour or so and lots of peoplewere asking for more to drink and to eat. 

While they were standing at therestaurant, a couple of persons went in. They were about 4 or 5 in number. Oneof them asked this witness if he could have two whisky. The gentleman waswearing jeans and white T-shirt. He was in his mid twenties with faircomplexion. His built was on the plump side. The witness showed her inability toprovide liquor as the bar had closed. But he insisted and Jessica Lal and thiswitness repeated that the bar was closed. The gentleman said he could pay forhis drinks upon which the witness said that he could not have a sip even for athousand rupees. The gentleman retorted saying if that he could have a sip ofher for a thousand rupees. This disgusted the witness who walked out at whichtime she came across her mother in the court yard. Her mother was walkingtowards the restaurant while this witness was going to the other side of thecourtyard. Shyan Munshi came running to her screaming that Jessica Lal had beenshot. The witness fainted at that time. 

This witness goes on to say that she canidentify the person who had asked her for drinks and who was wearing jeans andT-shirt. The accused, Sidhartha Vashisht @ Manu Sharma, was correctly identifiedthe one that 'looks like him' but later on asserted that he was the same person.The witness says that she came to know that Jessica Lal had died at about 6.00a.m. when she was at home. The information was given to her by her mother. Thewitness was grilled extensively in cross-examination and confronted on variousaspects with her statement before the Police, but stood her ground on whetherManu Sharma asked her for whisky though the exact words were absent.

34. The testimony of PW-6, Malini Ramani, has been discarded by the trialcourt being of little importance. since she was not an eye witness. However, she is certainly a witness to identifying Sidhartha Vashisht @ ManuSharma along with four or five persons present at the Tamarind Court as alsohaving asked her for whisky and later misbehaving with her. We find it quitestrange that at one stage the trial court has returned a categorical findingthat four accused were present inside Tamarind Cafe and that finding has beengiven only on the evidence of PWs 1, 6, 20 and 24, yet their evidence has beendoubted and that too without even making real analysis of their evidence.