High Court Overturns Death Sentence in Brutal Child Rape-Murder Case
The Punjab and Haryana High Court has made a significant ruling. On Monday, the court set aside the conviction and death sentence of a 27-year-old man. This case involves the horrific rape and murder of a five-year-old girl in Jhajjar, Haryana, back in 2020.
Court Cites Major Procedural Errors
A division bench comprising Justices Anoop Chitkara and Sukhvinder Kaur delivered this decision. The bench heard both the death reference and the convict's appeal. They found critical defects in how the trial court conducted the proceedings.
The court specifically pointed to problems with recording the accused's statement under Section 313 of the Code of Criminal Procedure. This procedural step is crucial. It gives the accused a fair chance to explain evidence against him. The bench stated the accused was denied this fundamental opportunity.
Case Sent Back for Fresh Hearing
The High Court has quashed the trial court's original order completely. It has remanded the case back to the Jhajjar Sessions Court. The lower court must now conduct a fresh hearing and deliver a new judgment.
The bench directed the sessions court to put all incriminating evidence to the accused properly. This must be done by framing small, clear questions based on facts. The accused must then get an opportunity to present defence evidence if he wishes. Only after this can a fresh judgment be passed according to law.
Details of the Heinous Crime
The crime itself was exceptionally brutal. The victim was abducted on the night of her fifth birthday in December 2020. The accused, a plumber with prior criminal records, allegedly committed the act while intoxicated.
He went to the family's rented house, took the child, and brought her to his own home just meters away. There, he locked the doors, sexually assaulted the little girl, and then smothered her to death.
Police discovered the child naked and motionless. The accused was found half-naked lying over her. A postmortem examination confirmed death by asphyxia due to homicidal smothering. It also found evidence of forcible sexual assault. DNA evidence and recoveries from the scene strongly linked the accused to the crime.
What Went Wrong in the Original Trial?
The trial court had convicted the man under several serious charges. These included murder, rape of a child below twelve, unnatural offences, and provisions of the POCSO Act. The court imposed the death penalty along with other sentences.
However, the High Court identified fatal flaws. Crucial pieces of evidence were never properly presented to the accused for his explanation. This included the DNA report, statements from the parents recorded under Section 164 CrPC, and the toxicology report.
Furthermore, the questions framed during his examination were problematic. They were lengthy and compound, lumping multiple facts together. This violated the principle of putting each incriminating circumstance to the accused individually.
Court's Directive on Timely Justice
The bench disposed of the convict's appeal by quashing the conviction and sentence. The murder reference was also disposed of as infructuous. Noting the case's pendency since 2021, the High Court made an important request.
It asked the trial court to expedite the fresh hearing. The bench emphasized striking a balance between Speedy Justice and Buried Justice. This means ensuring a swift process without compromising on thoroughness and fairness.
Emphasis on Procedural Fairness
This ruling underscores a vital principle in criminal jurisprudence. The court emphasized fairness to the accused without disregarding justice for the victim. By remanding the case, it aims to correct procedural lapses.
The case will resume from the stage of proper examination of the accused under the law. This avoids ordering a full retrial from the very beginning, which would cause further delay. The focus remains on ensuring a legally sound process for a just outcome.
