‘Violation of fair trial at every stage’: Bombay HC sets aside Nashik court’s death sentence in minor’s rape, murder; orders fresh trial

“Without commenting on the quality and capacity of the lawyer appointed by the accused (during trial), we are constrained to observe that the cross-examination did not meet the basic standard required in such serious cases. The judge showed unnecessary hurry to conclude 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 observed.

“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.”

Prosecution charges

According to the prosecution, a religious ceremony was underway in the village on April 24, 2017, when the victim received Rs 5 from her mother to buy an ice cream. The accused met her on the way and asked her to buy tobacco, and gave her money. She bought tobacco from a shop, got a chocolate for herself, and took the tobacco to his house.

The prosecution said the accused raped and killed her in his house, hid her body in his room under garbage and a basket, locked the house, and fled.

Meanwhile, the victim’s mother and grandmother began searching for her. When they learned that the accused had met the girl, the mother grew suspicious and went to his house, only to find it locked.

The other accused stopped her from opening the door, which further raised her suspicions. When the man did not respond to her calls, she and some villagers broke open the lock and found her daughter’s body, leading to the registration of an FIR. He was arrested the next day in another village.

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.

Directions for special judge

After examining the material on record, the bench observed that the accused’s lawyer was denied the “valuable right” to be present during the questioning of witnesses.

Sending the matter back to the trial court, the bench asked the special judge to take all necessary precautions to ensure a fair trial and to expedite its conclusion within 10 months.

“The family of the victim, and in particular the mother and the grandmother, who were examined during the trial, will have to undergo trauma and relive the horrific experience, reminding themselves of the incident. In this case, this is unavoidable. We expect the trial judge and the defence counsel to be alive to this fact and be sensitive while conducting the trial and while conducting the cross-examination,” the bench said.

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.