Pocso, murder case convictionset aside by HC
HC justices, Sarang Kotwal and Shyam Chandak, cited principles laid down recently by Supreme Court that emphasised imperativeness of providing a "fair opportunity" to an accused to defend himself when the charge against him attracts the death penalty. The high court directed the trial court to re-hear arguments afresh and expeditiously, but not to conduct the entire trial de novo.
In 2022, a fast-track court in Pune, dealing with cases under Pocso (Protection of Children from Sexual Offences) Act, sentenced a 38-year-old labourer to death for kidnapping, raping, and murdering a two-and-a-half-year-old girl in Pune district in February 2021.
The accused, through his counsel, argued that the trial was vitiated due to a lack of proper opportunity to defend himself. The high court refrained from commenting on the merits.
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Quoting from a 2025 Supreme Court ruling, the high court said, "The failure of the trial court to ensure the deposition of the scientific experts while relying upon the DNA report has definitely led to the failure of justice, thereby vitiating the trial."
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The argument before the high court by both sides was that the Supreme Court has laid down that once a trial is thus vitiated, there is no question of confirming the sentence imposed through the operative part of the judgment and order passed by the trial court.
The trial court had ordered that he be hanged to death, subject to confirmation as required by law.
The high court said, "Since this is a case of capital punishment, the court has to ensure that all the opportunities must be afforded to the accused to defend himself.
The accused must get one opportunity to argue all the aspects in respect of the additional evidence before the trial court itself so that he does not lose one forum. The trial court can appreciate the additional evidence in the background of the other evidence to consider the effect of the entire evidence cumulatively." On whether it should be a re-trial or if the trial court can re-hear arguments, the high court adopted the process which the apex court did in the "strikingly similar" case from MP, where it had not directed the trial court to conduct the trial de novo by wiping out the evidence already recorded, but to hear arguments afresh.
HC directed the accused and his counsel to appear before the trial court on August 12 for further directions and disposed of the confirmation reference and his appeal.
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