Court mandates summoning of scientific experts for examination, re-recording of statements, and grants bail to one accused.
In a significant turn of events, the Bombay High Court has ordered a retrial in the sensational case involving Tejas @ Dada Mahipati Dalvi and others, citing substantial procedural lapses by the Sessions Court. The judgment, delivered by a Division Bench comprising Justices Manish Pitale and Shreeram V. Shirsat, highlighted the improper admission of chemical and DNA reports without summoning and examining the respective analysts, which was deemed to have vitiated the trial.
The case revolves around the brutal assault and murder of a minor girl, leading to the conviction and death sentence of the primary accused, Tejas Dalvi, under multiple sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act. His mother, accused No. 2, was convicted for her role in concealing evidence, specifically the dead body, and had been serving a sentence for bailable offenses.
The court noted that the reliance on forensic reports without expert testimony and the joint questioning of co-accused under Section 313 of the Bharatiya Nagarik Suraksha Sanhita, 2023, necessitated remanding the case for a limited retrial. The Bombay High Court instructed the Sessions Court to summon the forensic experts for examination, allow cross-examination, and re-record the statements separately for each accused, ensuring a fair trial.
In a relief to accused No. 2, the court granted bail considering her prolonged incarceration and the nature of her offenses being bailable. She is required to adhere to strict conditions, including regular attendance at court proceedings.
The High Court's decision aligns with precedents set by the Supreme Court, emphasizing the necessity of providing the accused with every opportunity to defend themselves, especially in cases involving severe penalties like capital punishment.
The Sessions Court has been directed to expedite the retrial process, with a mandate to conclude within four months from the specified date.
Bottom Line:
Trial vitiated due to non-examination of scientific experts connected with chemical and DNA reports relied upon by the Sessions Court - Matter remanded for limited purpose of summoning and examining scientific experts, recording fresh statements under Section 313 BNSS (earlier CrPC), and allowing opportunity for cross-examination and defense evidence.
Statutory provision(s):
- Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 408, 432, 329, 313
- Indian Penal Code, 1860 Sections 363, 302, 376A, 376AB, 201
- Protection of Children from Sexual Offences Act, 2012 Sections 4, 6, 21
State of Maharashtra v. Tejas @ Dada Mahipati Dalvi, (Bombay)(DB) : Law Finder Doc id # 2865155
