The Supreme Court has acquitted Ashok, a man convicted of raping and murdering a 10-year-old girl, citing grave procedural lapses during the trial. A bench of Justice AS Oka, Justice Ahsanuddin Amanullah, and Justice Augustine George Masih noted that the lawyer failed to present the case properly, and the cross-examination of witnesses was inadequate.
The court observed that Section 313 of the CrPC, which mandates examining the accused to explain evidence against them, was not followed. The bench criticized both the trial court and the High Court for ignoring this critical requirement.
Trial Court Errors Lead to Acquittal
The Supreme Court called the trial court’s decision to impose the death penalty shocking, stating it disregarded due process. It emphasized that sentencing someone to death without proper compliance with legal requirements shakes the conscience of the judiciary.
The case involved the alleged rape and murder of a girl in 2012. According to the prosecution, Ashok worked at a tubewell where the victim had gone to drink water. He allegedly took her inside the cabin, raped her, and then killed her. The victim’s cousin witnessed the crime and informed her father, leading to Ashok’s arrest.
Flawed Prosecution and Sentencing
The lower court convicted Ashok under sections 302 (murder), 201 (destruction of evidence), and 376 (rape) and sentenced him to death. However, the Supreme Court noted that both the trial and the High Court ignored the lapses in the investigation and trial process.
The judgment highlights trial court errors in death penalty cases and the importance of following legal safeguards to ensure justice.
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