Conviction and sentence of Babu C.G. quashed as Kerala High Court highlights procedural lapses and lack of legal representation.
In a landmark judgment, the Kerala High Court has set aside the conviction and life sentence of Babu C.G., who was accused of murder under Sections 302 and 324 of the Indian Penal Code. The court found that the trial was marred by significant procedural irregularities, including the denial of fair trial rights guaranteed under Article 21 of the Indian Constitution.
The Division Bench, comprising Mr. Raja Vijayaraghavan V. and K.V. Jayakumar JJ., noted that the appellant was not represented by a competent lawyer during a substantial portion of the trial. The accused himself had to cross-examine key witnesses, despite being a layman with no legal expertise. This lack of effective legal representation, coupled with a prolonged trial conducted in a piecemeal manner, vitiated the conviction and sentence, the court observed.
The trial was further compromised by procedural lapses such as the examination of witnesses in the absence of the accused, which violated Section 273 of the Criminal Procedure Code. The judgment highlighted that this amounted to a procedural illegality, as the accused's right to be present during evidence recording is a valuable right.
Moreover, the court criticized the role of the trial judge, who assumed the role of a public prosecutor by conducting chief examinations in the absence of the actual public prosecutor. This, according to the court, breached the principles of fairness and impartiality required in a trial.
The High Court's decision also underscored the importance of conducting trials expeditiously. It noted that the trial, which spanned over seven years, was adjourned over 100 times without compelling reasons, contravening the mandate for speedy trials under Section 309 of the Criminal Procedure Code and Article 21.
In its conclusion, the court acknowledged the extensive period during which the accused was held in custody-approximately fourteen years-and deemed that ordering a retrial would not be just or fair. The court thus directed the appellant's immediate release, with instructions for the judgment to be forwarded to the Director of the Kerala Judicial Academy for future guidance to prevent such occurrences.
Bottom Line:
Right to a fair trial is a fundamental guarantee under Article 21 of the Constitution of India - Denial of fair trial due to lack of effective legal representation, prolonged custodial trial conducted in a piecemeal manner, and procedural irregularities vitiates conviction and sentence.
Statutory provision(s): Articles 21, 22, 39A of the Constitution of India, Sections 273, 309 of the Criminal Procedure Code, 1973, Sections 302, 324 of the Indian Penal Code.
Babu C.G. v. State of Kerala, (Kerala)(DB) : Law Finder Doc Id # 2837037
