Bhagwani vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(SC) 32

L. NAGESWARA RAO, B. R. GAVAI, B. V. NAGARATHNA
Bhagwani – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates appeared:
For the Petitioner(s): Ms. Adeeba Mujahid, AOR
For the Respondent(s): Mr. Gopal Jha, AOR

Judgement Key Points

The court decided that the trial was not conducted in accordance with the principles of a fair hearing and, therefore, the proceedings were vitiated. As a result, the court held that the trial could not be upheld as valid, and the procedural irregularities warranted setting aside the conviction and sentence. The court emphasized the importance of ensuring that the accused is given adequate opportunity to defend himself, particularly in matters of sentencing, and concluded that the failure to do so compromised the integrity of the trial process. Consequently, the court remanded the matter for a proper and fair trial to be conducted in accordance with established legal standards (!) (!) .

JUDGMENT :

L. NAGESWARA RAO, J.

Leave granted.

1. These Appeals are preferred against the judgment of the High Court of Madhya Pradesh by which the conviction and sentence of the appellant by the Trial Court under Sections 363, 366A, 364, 346, 376D, 376A, 302, 201 of Indian Penal Code 1860 (“IPC”) and Section 5(g)(m) read with Section 6 of The Protection of Children from Sexual Offences Act, 2012 (for short “the POCSO Act”) were upheld.

2. At 9.00 p.m. on 14.04.2017, Brijlal Yadav (PW-2) along with his wife Kalawati (PW-1), two sons and his daughter went to the house of Anil Maravi to attend a function of Chowk Barhon (naming ceremony). While they were returning back at around 11.00 p.m. they realized that their daughter was missing. They started searching and at about 5:00 a.m. on the next day, PW-1 found her daughter lying near a hand-pump. Her daughter was in an unconscious condition. PW-1 started howling at which PW-2 and others reached the place and called the police. The District Scientific Officer, Scene of Crime Unit, Dindori, Madhya Pradesh conducted inspection of the place of incident. According to the inspection report, the body of the deceased was lying in a supine position

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2022 Supreme(SC) 32

L. NAGESWARA RAO, B. R. GAVAI, B. V. NAGARATHNABhagwani – AppellantVersusState of Madhya Pradesh – Respondent

Cases Referred (9)

L. NAGESWARA RAO, B. R. GAVAI, B. V. NAGARATHNA
Bhagwani – Appellant
Versus
State of Madhya Pradesh – Respondent