Case Note & Summary
1. Factual Background Incident: A 10-year-old victim was raped and murdered on May 27, 2009, at a tubewell cabin operated by the appellant, Ashok. Prosecution’s Allegation: The appellant lured the victim into the cabin under the pretext of providing water and committed the crimes. Eyewitness: The victim's 7-year-old cousin (PW-2) allegedly witnessed part of the incident. 2. Trial Court Judgment Conviction: Appellant convicted under IPC Sections 376 (rape), 302 (murder), and 201 (causing disappearance of evidence), along with Section 3(2)(v) of the SC/ST Act. Sentence: Death penalty imposed. 3. High Court's Decision Conviction Upheld: High Court confirmed the conviction. Modification: Death penalty reduced to life imprisonment for the appellant's natural life. 4. Supreme Court Appeal Key Issues Raised: Eyewitness testimony lacked credibility. Material evidence was not put to the appellant during Section 313 CrPC examination. Quality of legal aid provided was inadequate. Procedural lapses in framing charges and during trial. 5. Procedural and Legal Irregularities Identified Section 313 CrPC Non-Compliance: Key incriminating evidence and testimonies were not put to the appellant, prejudicing his defense. Lack of Legal Aid: Appellant was unrepresented during crucial trial stages, including framing of charges and examination of key witnesses. Quality of legal aid provided was subpar. 6. Right to Fair Trial and Legal Representation Violation of Article 21 (right to life and liberty) and Article 39-A (free legal aid). Procedural fairness, including adequate legal assistance, is integral to ensuring justice. 7. Final Judgment by Supreme Court Acquittal: Failure to comply with Section 313 CrPC and provide fair legal aid led to setting aside the conviction. Appellant acquitted of all charges. Acts and Sections Discussed
Indian Penal Code (IPC):
Section 376: Rape. Section 302: Murder. Section 201: Causing disappearance of evidence.Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Section 3(2)(v): Atrocities against SC/ST victims.Code of Criminal Procedure (CrPC):
Section 313: Examination of accused. Section 304: Legal aid for the accused.Indian Evidence Act, 1872:
Section 27: Admissibility of confessions leading to discovery. Ratio Decidendi:The Supreme Court underscored the primacy of procedural fairness in criminal trials, highlighting that:
Failure to examine the accused under Section 313 CrPC on all material points violates his right to a defense. Effective legal aid is a fundamental right guaranteed under Article 21. Procedural lapses and inadequate legal representation render the trial unfair, necessitating acquittal. Subjects:Criminal Law, Procedural Fairness, Legal Aid, Death Penalty Jurisprudence
Fair Trial, Legal Aid, Section 313 CrPC, SC/ST Act, Death Penalty, Procedural Justice.
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Issue of Consideration: ASHOK VERSUS STATE OF UTTAR PRADESH
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