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IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHWANI KUMAR SINGH, HARISH KUMAR, JJ.
The State of Bihar – Appellant
Versus
Balram Singh @ Baliram Singh @ Munna, Son of Late Shyam Narayan Singh – Respondent
DEATH REFERENCE No.8 of 2021, CRIMINAL APPEAL (DB) No. 591 of 2021
Decided on : 09-05-2022
Fair Trial - Indian Penal Code, POCSO Act - 302, 201, 376-AB, 5/6 - The court set aside the judgment of conviction and order of sentence and directed for a De-novo trial of the accused-appellant from the stage of framing of charge. The matter is remanded to the learned trial court with a specific direction to provide the appellant a legal aid counsel in terms of the order passed by the Hon’ble Supreme Court in the case of Anokhilal (supra), if the appellant is unable to engage an advocate of his choice. The learned trial court shall ensure that such legal aid counsel is provided to the appellant before framing of the charge till its conclusion.
Fact of the Case:
The case involved the conviction and sentencing of the appellant under Sections 302, 201, 376-AB of the Indian Penal Code and Sections 5/6 of the POCSO Act, 2012 for the rape and murder of a minor. The trial court's conduct was questioned, alleging unfairness in the trial process.
Finding of the Court:
The court found that the trial court's conduct did not ensure a fair trial for the accused-appellant, violating the principles of fair trial and legal aid. It set aside the judgment of conviction and order of sentence and directed for a De-novo trial with the provision of legal aid counsel for the appellant.
Issues: The primary issue was the fairness of the trial process and the provision of legal aid to the accused-appellant. The court also addressed the conduct of the trial court in framing charges and conducting the trial without ensuring the accused's right to legal representation.
Ratio Decidendi: The court's decision was based on the violation of the accused-appellant's right to legal aid and fair trial, as established in the principles laid down by the Hon’ble Supreme Court in the case of Anokhilal (supra) and Shambhu Nath Singh (supra). The court emphasized the importance of providing legal aid counsel and ensuring a fair trial for the accused.
Final Decision: The judgment of conviction and order of sentence were set aside, and the matter was remanded for a De-novo trial with the provision of legal aid counsel for the appellant. The death reference was rejected and not confirmed, and the Criminal Appeal was allowed to the extent indicated.
JUDGMENT :
HARISH KUMAR, J.
Heard Mr. Krishna Prasad Singh, learned senior counsel appearing on behalf of the Appellant in Cr. Appeal (DB) No. 591 of 2021, as also Mr. Ajay Kumar Thakur and Ms. Anukriti Jaipuriar, learned counsel, appointed as Amicus Curiae to assist the Court in Death Reference No. 08 of 2021 and Mr. Dr. Mayanand Jha, learned APP for the State.
2. The present death reference and the connected Cr. Appeal arise out of the judgment of conviction and order of sentence dated 26.07.2021 and 30.07.2021 passed by learned Additional District & Sessions Judge-VII, Exclusive Special Court (POCSO), Rohtas at Sasaram in POCSO Case No. 68 of 2020, arising out of Dalmianagar (Dehri) P.S. Case No. 888 of 2020 whereby and whereunder the appellant has been convicted under Sections 302, 201, 376-AB of the Indian Penal Code and Sections 5/6 of the POCSO Act, 2012 and sentenced to death to be hanged by neck till his last breath subject to confirmation of sentence by the High Court and also awarded fine of Rs.50,000/-under Section 302 of the Indian Penal Code. In case of default of payment of fine, the convict-appellant shall serve simple imprisonment for one year. The convict-appellant is further sentenced to undergo Rigorous Imprisonment for five years for the offence under 201 of the Indian Penal Code and fine of Rs.10,000/-and in default of payment of fine, simple imprisonment for one year and further awarded sentence to undergo imprisonment for life for the remainder of natural life with fine of Rs.50,000/-under Section 6 of the POCSO Act, 2012 and in default of payment of fine, Simple Imprisonment for one year. The learned trial court has not awarded any separate sentence for the charges under Section 376-AB of the Indian Penal Code. It is made clear that all the sentences shall run concurrently.
3. The prosecution case is based upon a written application filed by the grandmother of the victim to the SHO, Dalmianagar (Dehri) P.S. stating therein that when the informant (PW.-3) could not find her minor grand-daughter (X), aged about 10 years, at about 3.00 P.M. on 14.11.2020 (Depawali Festival Day) in the house, she started searching for her and also enquired from her co-villagers. At about 6.00 P.M. on the same day she got to know from co-villagers that her neighbour Balram Singh @ Baliram Singh @ Munna (appellant) was seen enticing her grand daughter with a calendar of Goddess Laxmi and Lord Ganesh and took her to his house. When the informant (P.W.-3) went to the house of Balram Singh @ Baliram Singh, she found the door locked, then she informed Dalimianagar police station. It is further alleged that co-villagers searched for appellant-convict Baliram Singh and caught him from Sahu Mohalla and brought to his house in the presence of Dalmianagar police. The lock of the house of appellant Baliram Singh was opened with the key by the police and the house was searched in front of every body. During the search, the dead body of the victim was found kept in a wooden box in a semi naked condition. The dead body bore blood stained injury mark on her neck and on the private part of the victim. The appellant confessed his guilt of committing rape and murder of informant’s grand daughter before every body.
The further case is that the police arrested the appellant Baliram Singh and prepared inquest report and took the body of the victim to Sadar Hospital, Sasaram for post-mortem examination.
4. On the basis of the aforesaid written application of the informant (P.W.-3), the First Information Report was drawn up and Dalmianagar (Dehri) P.S. Case No. 888 of 2020 dated 15.11.2020 has been registered for the offences punishable under Sections 376-A, 376-B, 302, 201 of the Indian Penal Code and Section 6 of the POCSO Act, 2012.
5. The seized articles were sent to the Forensic Science Laboratory, Patna vide Memo No. 888 dated 25.11.2020 and the report of the FSL under the signature of Assistant Director, Forensic Science Laboratory, Government of
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