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News Topical, Digital Desk : The Bombay High Court on Tuesday set aside the death sentence of a man sentenced to death in the 2017 rape and murder case of a girl and ordered a review as he was not represented by a lawyer during the previous proceedings.
A division bench of Justices Sarang Kotwal and Sandesh Patil said that although the crime was "horrific and serious," the family of the seven-year-old victim still awaits justice. The accused cannot be deprived of his "fundamental right to a fair trial."
From the time of framing of charges until the examination of key witnesses, the accused was not represented by a lawyer. The High Court stated that the accused was not even given an opportunity to defend himself. This violated his fundamental rights.
The bench observed that the Nashik-based special court had shown undue haste in concluding the trial. It added that this was undoubtedly a serious matter. Expediting the trial was necessary, but this could not be done at the expense of the principles of a fair trial.
While sending the case back to the special court, the judges said that this time the court will have to take all precautions to ensure that the trial is conducted in a fair manner for both the accused and the prosecution.
The High Court said the trial should be concluded within ten months. According to the prosecution, in April 2017, the accused asked the girl to go to a nearby shop and buy tobacco and chocolate for him.
When she went to his house to give him tobacco, he allegedly raped and then murdered her. A special court in Nashik convicted the accused in May 2019 and sentenced him to death.
While sending the case back to the court, the judges said that this time the lower court will have to take all precautions to ensure that the trial is conducted in a fair manner for both the accused and the prosecution.
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