The Supreme Court has set aside the death penalty of a man in the rape-and murder of an infant, saying the hurried trial of 15 days did not exude an aura of “judicial calm” necessary for an impartial and fair verdict.
The trial of the accused Naveen, a street-dweller, took place between April 27 and May 12 of 2018. The trial overlooked crucial evidence, including DNA proof and examination of the forensic experts. Naveen’s counsel argued his client was not given a proper opportunity to defend himself. It was contended that the death sentence would result in the “deprivation of his life in breach of the procedure established by law”.
A three-judge Bench of Justices B.R. Gavai, P.S. Narasimha and P.K. Mishra ordered the case to be tried afresh. The judgment said the case hinged on circumstantial evidence such as DNA, forensic and viscera reports. Each one of them had to be brought up in trial, examined and confronted by both sides.
