Don't resort to hasty trial, give accused fair chance to defend himself: Supreme Court
The Supreme Court has quashed a trial court order that awarded the death sentence to an accused in a rape and murder case of a three-month-old baby in Madhya Pradesh
NEW DELHI: Sending a clear message to courts that they should not resort to "hasty trial" denying proper opportunity to the accused to defend himself, the Supreme Court has quashed a trial court order that awarded death sentence to an accused after wrapping up proceedings in 15 days in a case of rape and murder case of a three-month-old baby in MP. The court directed fresh trial in the case.
A bench of Justices B R Gavai, P S Narasimha and P K Mishra found fault in the trial proceedings and said it was not a fair hearing as the accused was not given sufficient time to defend himself in the case and he was also not given opportunity to cross-examine forensic experts whose report was relied upon by the court to convict him for the heinous offence. "Denial of a fair trial is as much injustice to the accused as is to the victim and society," the bench said.
A bench of Justices B R Gavai, P S Narasimha and P K Mishra found fault in the trial proceedings and said it was not a fair hearing as the accused was not given sufficient time to defend himself in the case and he was also not given opportunity to cross-examine forensic experts whose report was relied upon by the court to convict him for the heinous offence. "Denial of a fair trial is as much injustice to the accused as is to the victim and society," the bench said.