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

1. Indian Penal Code (IPC):

   • Section 376: Rape.
   • Section 302: Murder.
   • Section 201: Causing disappearance of evidence.

2. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:

   • Section 3(2)(v): Atrocities against SC/ST victims.

3. Code of Criminal Procedure (CrPC):

   • Section 313: Examination of accused.
   • Section 304: Legal aid for the accused.

4. 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:

1. Failure to examine the accused under Section 313 CrPC on all material points violates his right to a defense.
2. Effective legal aid is a fundamental right guaranteed under Article 21.
3. 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.