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IN THE HIGH COURT OF ALLAHABAD
Rajiv Gupta, Subhash Chandra Sharma
Shahid – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Chandra Sharma, J.
1. This appeal has been filed by the appellant against the judgment and order dated 20.12.2023 passed by the learned Special Judge (POCSO Act)/ Additional Sessions Judge, Farrukhabad in Special Session Trial No. 921 of 2023 (State Vs. Shahid) arising out of Crime No. 179 of 2023, under Section 302 , 201, 376DB IPC and Section 5 /6 Protection of Children From Sexual Offences Act, Police Station Kampil, District Farrukhabad, whereby appellant Shahid has been convicted and sentenced under Section 302 IPC with death sentence and fine of Rs.1,00,000/-, in default six month rigorous imprisonment; under Section 201 IPC for a period of three years rigorous imprisonment and fine Rs.20,000/-, in default three months rigorous imprisonment and under Section 5 /6 POCSO Act with death sentence and fine of Rs.1,00,000/-, in default six months rigorous imprisonment.
2. The learned trial court has also made reference to this Court for confirmation of death sentence.
3. The prosecution case in brief is that on 12.09.2023 at about 9 a.m. the victim aged about 4 years went missing from outside her house while she was playing there. Members of her family searched for her bu
The absence of critical evidence and failure to provide the accused a fair opportunity to contest significant claims violated the right to a fair trial under Article 21.
The failure to examine scientific experts regarding DNA evidence violated the right to a fair trial, necessitating a remand for a fresh trial.
(1) Denial of fair trial is as much injustice to accused as is to victim and society.(2) In hallowed halls of justice, essence of fair and impartial trial lies in steadfast embrace of judicial calm.
Circumstantial evidence, particularly the 'last seen' principle, can suffice for conviction in rape and murder cases yet demands rigorous scrutiny for reliability.
The court upheld the conviction based on circumstantial evidence and mitigated the death penalty to life imprisonment considering the age of the accused, the fact that he is a father of a girl child,....
The main legal point established in the judgment is the importance of a fair trial, the accused's right to cross-examine prosecution witnesses, and the fulfillment of constitutional obligations and p....
Court emphasized the application of circumstantial evidence principles where all links confirmed the appellant's guilt in the kidnapping, sexual assault, and murder of a minor, upholding a death sent....
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