Infant rape and murder case | Supreme Court sets aside man's conviction, remits matter for fresh trial
The Hindu
Supreme Court sets aside death penalty of man convicted for rape, murder of 3-month-old, remits matter for de novo trial. SC noted trial was conducted in a "hurried manner" without giving accused proper opportunity to defend himself.
The Supreme Court has set aside the conviction of a man facing death penalty for alleged rape and murder of a three-month-old girl and remitted the matter for a “de novo [new] trial”, observing that the trial in the case was conducted in a “hurried manner” without giving him proper opportunity to defend himself.
The Supreme Court noted that the trial in the case lodged in 2018 was completed within a span of 15 days from the date of filing of the charge sheet, the accused was convicted for several offences and sentenced to death by the trial court.
A Bench headed by Justice B.R. Gavai said, “We are of the considered view that the trial court conducted the trial in a hurried manner without giving proper opportunity to the accused to defend himself.” It was settled that a hasty trial in which proper and sufficient opportunity was not provided to the accused to defend himself or herself would vitiate the trial as being “meaningless and stage-managed”, the Bench, also comprising Justices P.S. Narasimha and Prashant Kumar Mishra, said in its verdict delivered on October 19.
“Therefore, the judgment of conviction and sentence passed by the trial court and affirmed by the high court is hereby set aside and the matter is remitted back to the trial court for de novo trial by affording proper opportunity to the appellant to defend himself,” it said.
The Supreme Court delivered its verdict on a plea filed by appellant, Naveen, challenging the December 2018 judgment of the Madhya Pradesh High Court upholding his conviction for the offences under various sections of the Indian Penal Code, including that of murder and rape, and under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The High Court had confirmed the death sentence awarded to him by a trial court in Indore.
The Supreme Court noted in its verdict that the appellant was convicted and sentenced for committing rape and murder of a three-month-old girl child.
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