Source: Supreme Court

Why in News?

The Supreme Court (SC) has overturned the conviction and death sentence of a man charged with kidnapping, raping, and murdering a three-month-old infant in the matter of Naveen @ Ajay v. State of Madhya Pradesh.

What is the Background of the Naveen @ Ajay v. State of Madhya Pradesh Case?

• The complainant (Sunil) and his wife were engaged in the business of selling balloons at Indore, they had a daughter (deceased) aged three months and four days.
• They were sleeping at a railway platform and when they woke up, they did not find the deceased at the place where she was sleeping.
• A missing report regarding the deceased was filed by the complainant, later a person informed the Police Station MG Road, Indore (MP) that the dead body of a girl of about three months old had been found.
• Sunil thereafter went to the spot and identified the deceased as his daughter.
• After completing the investigation including collection of evidence from CCTV footage, recovery of incriminating articles, chemical analysis report, etc., the charge sheet was filed.
• On the basis of evidence brought on record during the course of the trial, wherein the prosecution examined 29 witnesses and also proved 78 documents including expert opinion/chemical report/FSL report, the trial Court convicted the appellant for Sections 363, 366-A, 376(A), 376(2)(i), 376(2)(j), 376(2)(k), 2 376(2)(m), 302 and 201 of the Indian Penal Code,1860 (IPC) and Section 5(m), 5(i) read with Section 6 of Protection of Children from Sexual Offences Act, 2012 (POCSO) for committing rape and murder of a 3 month old.
• The Sessions Court sent reference to the High Court under Section 396 of Criminal Procedure Code, 1973 (CrPC) for confirmation of death sentence.
• The High Court confirmed the death sentence and resultantly the Criminal Appeal was preferred by the appellant in the SC.

What were the Court’s Observations?

• Court took note of case Bashira vs. State of UP (1968) in which the trial was conducted in 13 days, the SC held that “In our opinion, no hard and fast rule can be laid down as to the time which must elapse between the appointment of the counsel and the beginning of the trial; but, on the circumstances of each case, the Court of Session must ensure that the time granted to the counsel is sufficient to prepare for the defence”.
• The bench of Justices BR Gavai, PS Narasimha, and Prashant Kumar Mishra held that the accused had not been afforded a 'fair chance' to mount his defence as the trial was concluded in 23 days.

What is a Fair Trial?

The concept of a fair trial is a fundamental principle in the legal system as it ensures that individuals accused of crimes are given a just and impartial process to determine their guilt or innocence. Several key components of a fair trial include:

• Impartial Judge and Jury: The trial should be presided over by a judge who is unbiased and neutral.
• Legal Representation: The accused has the right to legal representation, and if they cannot afford an attorney, one must be provided for them. The concept of Free Legal Aid is provided under Article 39A of the Constitution of India, 1950.
• Presumption of Innocence: The accused is considered innocent until proven guilty. The burden of proof lies with the prosecution to establish the defendant's guilt beyond a reasonable doubt.
• Right to Silence: The accused has the right to remain silent and not incriminate themselves. They cannot be compelled to testify against their will. The right against self-incrimination is provided by Article 20(3) of COI.
• Open Trial: In most cases, trials are held in open court, allowing the public and the media to attend. This transparency helps ensure that justice is administered fairly.
• Right to a Speedy Trial: The accused should not be subjected to unreasonable delays in the legal process.
  • In the case of Hussainara Khatoon v. Home Secretary, State of Bihar (1979), SC has held that right to speedy trial is a fundamental right under Article 21 of the COI.
• Right to an Appeal: If convicted, the accused generally has the right to appeal the decision to a higher court. The right to appeal is not an inherent right but a statutory right.
• Protection from Double Jeopardy: The accused cannot be tried for the same crime twice, protecting them from being subjected to double jeopardy.
  • The concept of double jeopardy is provided under Article 20(2) of the COI and Section 300 of the Criminal Procedure Code, 1973 (CrPC).