The Bombay High Court has set aside the conviction and death sentence in a 2017 rape-murder case, citing denial of legal representation to the accused. It has ordered a fresh trial, stressing that fair trial rights cannot be compromised despite the gravity of the crime.
-1774345145610_d.png "2017 POSCO case: Bombay High Court orders retrial")
Bombay High Court. File Pic
The Bombay High Court on Tuesday set aside the conviction and death sentence of a man in a 2017 rape and murder case, ordering a fresh trial after finding that he was not given proper legal representation during the earlier proceedings, reported the PTI.
A division bench of Justices Sarang Kotwal and Sandesh Patil said that while the crime was "horrific and grave"and the 7-year-old victim's family was still waiting for justice, the accused could not be denied his "fundamental right to a fair trial," as reported by PTI.
Lack of legal representation
The court noted that the accused was not represented by a lawyer at crucial stages of the trial. From the framing of charges to the examination of key witnesses, he had no legal assistance.
The accused had informed the trial court that he could not afford a lawyer and requested legal aid, but no counsel was provided. This, the High Court said, amounted to a clear violation of his fundamental rights. The judges observed that denying legal aid to someone entitled to it led to a “miscarriage of justice.”
The bench also criticised the special POCSO court in Nashik for rushing through the trial. While acknowledging that the case was serious and required speedy handling, the court said this could not come at the cost of fairness.
“Expediting a trial is important, but not at the expense of the principles of a fair trial,” the court remarked as reported by PTI.
Fresh trial to be completed within 10 months
The High Court has now sent the case back to the lower court for a retrial. It directed that all necessary precautions be taken to ensure that the proceedings are fair to both the prosecution and the accused. The court also instructed that the new trial be completed within ten months.
Background of the case
According to the prosecution, the incident took place in April 2017. The accused allegedly asked the seven-year-old girl to buy tobacco for him and chocolates for herself. When she later went to his house, he allegedly raped and killed her.
In May 2019, a Nashik court convicted the man and sentenced him to death for murder under the Indian Penal Code, along with life imprisonment under the Protection of Children from Sexual Offences (POCSO) Act.
While granting relief to the accused, the High Court also acknowledged the long wait for justice faced by the victim’s family. The judges noted that due to the flawed trial, justice had been delayed for nearly nine years. “This is a case where till today justice was not given to the victim and her family,” the court observe as per PTI.
The ruling highlights the importance of due process, emphasising that even in the most serious cases, the right to a fair trial remains fundamental.
(With PTI Inputs)
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