Conviction and Death Sentences Quashed Due to Procedural Flaws in Accused Examination
In a significant development, the Punjab and Haryana High Court has set aside the convictions and death sentences of Vinod Shah and Rohit Kumar Sharma, ordering a retrial due to serious procedural lapses during their initial trial. The Division Bench, comprising Justice Anoop Chitkara and Justice Sukhvinder Kaur, highlighted the failure to properly question the accused under Section 313 of the Criminal Procedure Code (CrPC), now Section 351 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The case revolves around the gruesome murder of a minor, affectionately referred to as "Laadli," who was allegedly abducted, raped, and killed by the accused in March 2019. The trial court had imposed death sentences on both Vinod Shah and Rohit Kumar Sharma, based on evidence including DNA reports and postmortem findings. However, the High Court found that these critical pieces of evidence were not adequately put to the accused during their examination, violating their right to a fair trial.
The judgment emphasized the principles of natural justice, stating that the omission to put specific incriminating evidence to the accused during their examination is a serious irregularity. The court noted that the accused were not given a fair opportunity to explain the circumstances appearing against them, which could lead to a miscarriage of justice.
The High Court has remanded the case back to the Sessions Court to resume the trial from the stage of recording the statements of the accused under Section 351 BNSS. The trial court is directed to ensure that all incriminating evidence is put to the accused in a clear and detailed manner, allowing them to defend themselves adequately.
This decision underscores the importance of proper procedural conduct in criminal trials, particularly the examination of the accused, to uphold the principles of justice and fairness.
Bottom Line:
Defective examination of accused under Section 313 CrPC (now Section 351 BNSS, 2023) regarding incriminating evidence violates principles of natural justice and may prejudice the accused if material circumstances are not adequately put to them.
Statutory provision(s): Section 302 IPC, Section 363 IPC, Section 366 IPC, Section 6 of the POCSO Act, Section 313 CrPC (now Section 351 BNSS, 2023), Section 27 of the Indian Evidence Act, 1872, Section 366(1) CrPC, Section 374(2) CrPC, Section 412 BNSS (Section 371 CrPC, 1973)
State of Punjab v. Vinod Shah, (Punjab And Haryana)(DB) : Law Finder Doc id # 2879711
