Death Sentences Set Aside In Minor's Rape-Murder Case: P&H High Court Remands Matter After Finding Defects In Trial

In a significant ruling arising from the brutal rape and murder of a 12-year-old girl, the Punjab and Haryana High Court has set aside the death sentences awarded by the trial Court to both convicts and remanded the matter for retrial from summons stage.The Court found that the Investigating Officer had failed to forward the FSL report to the post-mortem doctors for their final opinion on sexual assault, and that the trial Court had inadequately complied with the mandatory provisions of Section 313 CrPC by failing to put material incriminating circumstances to both the accused.The Division bench said, "It was grossly negligent on the part of the Investigating Officer and the Supervisory Officers not to seek the opinion of the Doctor(s) by forwarding the FSL Report to the doctor(s). We cannot blame the doctors for this negligence; it lies squarely at the hands of the Investigator, SHO, and Supervisory Officers, including the then head of the district police, all of whom were irresponsible. This lapse has resulted in irregularity, and not any illegality, and this irregularity is curable. This negligence was exacerbated as during the trial, neither the Public Prosecutor nor the trial Judge cared to notice the omission, and they concluded the trial hurriedly."While expressing its concern at the dual failure of the investigating agency and the trial, the bench held that the lapses, both by the Investigating Officer in not obtaining a supplementary medical opinion and by the trial Court in conducting a defective Section 313 examination were irregularities curable by remand, and that acquitting the accused on these grounds would cause far greater injustice to the victim and her family."A plain and simple reading of the statute refers to “circumstances appearing in evidence” and not the entire statement. Thus, the questions containing the most material facts could not have been read against them. However, if we give benefit of a curable irregularity to the accused by acquitting them, then it would cause more serious prejudice to the victim, without her being at any fault at all. Although it is legally permissible for any Appellate Court to put the remaining incriminating evidence to the accused, or to direct the trial Court to do so, that decision must not be taken in a mechanical manner but after analyzing the remaining incriminating evidence put to the accused and the likely prejudice which might be caused to the accused," the bench said.It further added that, "Since the accused has a right to examine defence witnesses, and the evidence that comes in defence, if any, would also need to be analyzed and appreciated on appeal, the only option available to this Court to do justice to the accused and the victim and her family is to remit the case back to the trial Court to rectify the procedural mistakes for which neither the accused nor the victim were responsible."In 2018, the victim, a girl aged approximately 12 years, residing with her maternal uncle, went missing after leaving home to dispose of garbage. Her de-clothed dead body was found the next morning behind the Balmiki Chaupal of the village. The post-mortem report indicated the cause of death as asphyxia due to strangulation, ante-mortem in nature.The accused, aged 35, and co-accused aged 25, were neighbours of the victim's family. Prosecution witness Surender (PW-1), a home guard who was also a neighbour of both accused and a distant relative of the victim, deposed that the accused had approached him on January 14, 2018, confessed to the crime through extra-judicial confession, and requested him to produce them before the police.The prosecution's case relied on extra-judicial confession, disclosure statements leading to recovery of articles including a tasla (iron pan) identified by the victim's maternal uncle and the victim's slippers, forensic evidence from the crime scene including a condom wrapper and a bloodstained mattress at the house of accused Pardeep, and the FSL report detecting human semen on vaginal swabs and vaginal slides.The Sessions Court convicted both accused under Sections 302 read with 34, 376A, 363 r/w 34, 366 r/w 34, 376D, 201 r/w 34 IPC and Section 6 of the POCSO Act, and imposed death sentences on both under Sections 302 r/w 34 IPC, 376A IPC, and Section 6 of the POCSO Act, in addition to various terms of rigorous imprisonment under the other counts.The State filed a Murder Reference for confirmation of the death sentences. Both convicts filed separate criminal appeals challenging their conviction and sentence. Gross Negligence by Investigating Officer: FSL Report Never Forwarded to DoctorsThe Court identified a critical lacuna in the investigation and the trial arising from the post-mortem report itself. The Board of Doctors had explicitly stated in the post-mortem report that their final opinion on any other associated cause of death and on the possibility of sexual assault would be given only after receipt of the FSL report....

Death Sentences Set Aside In Minor's Rape-Murder Case: P&H High Court Remands Matter After Finding Defects In Trial

Aiman J. Chishti

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Aiman J. Chishti

Death Sentences Set Aside In Minor's Rape-Murder Case: P&H High Court Remands Matter After Finding Defects In Trial

Aiman J. Chishti

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Aiman J. Chishti

This is a premium content
Available exclusively to
Our subscribers