Bombay HC Sets Aside Death Sentence In 2021 Pune Toddler Rape-Murder Case; Orders Fresh Rehearing

Mumbai: The Bombay High Court on Wednesday set aside the death sentence awarded to a man for raping and murdering a two-and-a-half-year-old girl in Pune in 2021, noting that the trial was vitiated as the special court failed to examine the experts while relying on scientific evidence, including a DNA report.

A bench of Justices Sarang Kotwal and Shyam Chandak directed the trial court to rehear final arguments and decide the case afresh, “as expeditiously as possible”.

The court passed the order while hearing a reference for confirmation of the death sentence awarded to the accused by a special POCSO court in February 2022. A death sentence has to be confirmed by the high court before it can be executed. The accused had challenged his conviction and sentence.

Trial Vitiated Due to Non-Examination of Experts in DNA Evidence

The bench said the trial was vitiated because the court had relied on scientific evidence, including a DNA report, without examining the experts who prepared them. Quoting from a Supreme Court judgment, the bench noted: “The failure of the trial court to ensure the deposition of the scientific experts while relying upon the DNA report has definitely led to the failure of justice, thereby vitiating the trial.”

The court said that since this is a capital punishment case, it was imperative that the accused be given full opportunity to argue all aspects of the evidence, including additional material, before the trial court itself.

“If this course is not adopted then the accused would lose his valuable right from getting the entire evidence appreciated by the first forum i.e. the trial court,” the HC said.

Rehearing of Final Arguments Ordered; No Full Retrial

It clarified, however, that it was not ordering a retrial involving re-recording of all evidence. Instead, the matter is being remanded only for the limited purpose of rehearing arguments and fresh decision on merits. The HC asked the trial court to proceed “without being influenced by any observations made by this court”.

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Accused to Be Produced Before Trial Court on August 12

The trial court has been directed to produce the accused before it on August 12 and begin fresh proceedings.

The brutal crime had taken place on February 15, 2021, when the accused allegedly kidnapped the girl from her village in Pune district. Her body, bearing 11 bite marks, was found the next day inside a cement pipe under a bridge.

On February 28, 2022, Special POCSO convicted and sentenced the accused to death. The state approached the HC seeking confirmation of the death sentence and the accused filed an appeal challenging his conviction and sentence.