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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SARANG V.KOTWAL, SANDESH D.PATIL
State Of Maharashtra – Appellant
Versus
Vilas Annasaheb Mahale – Respondent
| Table of Content |
|---|
| 1. consensus on remand for fair trial denial. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. child rape-murder by relatives; investigation and charges. (Para 9 , 10 , 11 , 12) |
| 3. prosecution evidence amid legal aid lapses. (Para 13 , 14 , 15 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44) |
| 4. defence challenges trial fairness and evidence chain. (Para 45 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57) |
| 5. mandatory legal aid rules in capital cases. (Para 58 , 59 , 60 , 61 , 62) |
| 6. chronic failures in providing effective defence counsel. (Para 63 , 64 , 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77 , 78 , 79 , 80) |
| 7. article 21 mandates effective legal aid. (Para 81 , 82 , 83 , 84 , 85 , 86 , 87 , 88) |
| 8. de novo trial ordered from charge framing stage. (Para 89) |
JUDGMENT :
SARANG V. KOTWAL, J.
1. The learned Additional Sessions Judge, Nashik, vide her Judgment and order dated 15.05.2019 passed in Sessions Case No.209 of 2017 on her file, has forwarded the death penalty reference resulting in Confirmation Case No.5 of 2019 to this Court for confirmation of the sentence of death penalty
Failure to provide timely, effective legal aid in death penalty trial, denying representation during key stages, violates Article 21 fair trial right, requiring de novo proceedings despite offence gr....
A fair trial must guarantee competent legal representation and adherence to procedural law, failure of which invalidates conviction.
(1) Justice is not intended to be imparted to one party of lis only.(2) Attempts to expedite process of trial should not be at expense of basic elements of fairness and opportunity to Accused on whic....
(1) Examination of accused – Public Prosecutor is under obligation to remain present when examination of accused is made to assist Court.(2) Right to get legal aid is a fundamental right of accused, ....
Legal aid to accused – To ensure a fair trial accused has to be appropriately represented – Basic tenets of a criminal trial would falter if a different approach is undertaken by trial court.
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