VidhiSangh

Supreme Court of India · 02/12/2024

ASHOK versus STATE OF UTTAR PRADESH

[2024] 12 S.C.R. 335 · 2024 INSC 919

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Summary

The Supreme Court acquitted an appellant convicted of the rape and murder of a ten-year-old girl. The only eyewitness, a child, was not of sterling quality; the recovery of articles at the appellant's instance was not proved; and none of the material circumstances in evidence were put to the appellant under Section 313 CrPC, a defect that could not be cured fifteen and a half years after the incident. The Court also set out the duties of trial courts and Public Prosecutors to secure effective legal aid and proper Section 313 examination.

Issues

  1. Whether the testimony of the child eyewitness, together with the alleged recovery of the victim's articles, proved the appellant's guilt beyond reasonable doubt.
  2. Whether the failure to put the material incriminating circumstances to the appellant in his examination under Section 313 CrPC vitiated the conviction, and whether the defect could be cured by remand.
  3. What role the Public Prosecutor plays in the Section 313 examination and in securing legal aid for an unrepresented accused.
  4. Whether the appellant's right to timely and effective legal aid was violated, and what norms should govern legal aid to accused persons.

Provisions considered

Held

Result

Appeal allowed; conviction and sentence set aside and the appellant acquitted; bail bonds cancelled; copy of the judgment directed to be sent to all State Legal Services Authorities.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 335.