Mumbai, March 24: Observing that an accused has a fundamental right to a fair trial, the Bombay High Court on Tuesday set aside the death sentence of a man in a 2017 case of alleged rape and murder of a minor, ordering a de novo trial after noting that he was not represented by a lawyer during the earlier proceedings.
Court stresses importance of fair trial
A bench of Justices Sarang Kotwal and Sandesh Patil said that while the offence was “horrific and grave” and the victim’s family was still awaiting justice, the accused could not be denied his fundamental rights.
“The offence is grave and extremely serious. The victim’s family is still waiting for justice, but at the same time, the accused also has his right of fair trial, which cannot be deprived,” the court said.
Lack of legal representation flagged
The court found that from the stage of framing of charges to the examination of key prosecution witnesses, the accused had no legal representation.
“Presence of learned counsel for an accused… is not an empty formality but a valuable right,” the bench observed, adding that the failure to provide legal assistance amounted to a “clear violation of the principles of fair trial” and resulted in a miscarriage of justice. It noted that the accused was denied a meaningful opportunity to defend himself, in violation of his rights under Article 21 of the Constitution.
Trial court criticised for haste
The high court also criticised the Nashik special court under the Protection of Children from Sexual Offences Act for showing “unnecessary hurry” in concluding the trial.
“Undoubtedly, it was a serious case and the trial needed to be expedited, but that could not be done at the expense of principles of fair trial,” the bench said.
Case background and conviction
The accused had been convicted in May 2019 and sentenced to death for murder under the Indian Penal Code and to life imprisonment under the POCSO Act.
According to the prosecution, the incident occurred on April 24, 2017, when the accused allegedly lured the seven-year-old girl to his house on the pretext of buying tobacco and chocolates, sexually assaulted her, and then killed her. He then hid her body in his room under garbage and a basket, locked the house, and fled.
The police also arrested his parents and brother for helping him destroy evidence, who were released on bail till the trial concludes. The prosecution claimed all the accused were relatives of the victim.
Fresh trial ordered with timeline
Allowing the appeal, the high court remanded the case for a fresh trial, directing the lower court to ensure that proceedings are conducted fairly for both the prosecution and the defence. It also directed that the retrial be completed within 10 months.
Court acknowledges trauma of victim’s family
The bench acknowledged that the victim’s family has been waiting for justice for years, observing that “till today justice was not given to the victim and her family” due to the flawed trial.
“The family of the victim, and in particular the mother and the grandmother… will have to undergo trauma and relive the horrific experience, reminding themselves of the incident. In this case, this is unavoidable,” the court said, urging the trial court and counsel to remain sensitive while examining witnesses, particularly the victim’s mother and grandmother, who would have to relive the traumatic incident.
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Earlier similar ruling noted
Earlier this month, the Bombay High Court set aside the death sentence awarded to a man from Pune for the rape and murder of a minor girl due to lapses in the trial. The court also sought reassessment of forensic reports in the case.
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