High Court Sets Aside Murder Conviction Of Man Unrepresented By Lawyer

Following the conviction in 2018, the trial courtroom awarded the sentence of life imprisonment

New Delhi:

The Delhi High Court has put aside the conviction and jail time period of life imprisonment in a homicide case on account of a “serious denial of a fair trial” to the accused who was not represented by a lawyer throughout a “substantial” interval of trial.

A bench headed by Justice Mukta Gupta mentioned that there was a “grave miscarriage of justice” because the accused, who was charged with the homicide of his spouse by strangulation, was not represented when various witnesses have been examined and a authorized help counsel was later requested to cross-examine the witnesses on the identical day as his appointment.

Following the conviction in 2018, the trial courtroom awarded the sentence of life imprisonment to the accused and in addition imposed a high quality of Rs 10,000.

“The manner in which the trial is conducted, there was a serious denial of a fair trial to the appellant. The appellant is required to be given an opportunity to cross-examine the witnesses… The witnesses (were) examined in the absence of the lawyer, or the lawyer having been appointed on the same day from the legal aid and asked to cross-examine the witnesses,” mentioned the bench additionally comprising Justice Anish Dayal in an order handed earlier this month.

“In the light of the facts noted above, this Court is of the considered opinion that there has been a grave miscarriage of justice to the appellant… Consequentially, the impugned judgement of conviction and order on sentence are set aside,” it ordered.

Remanding the matter to the trial courtroom for cross-examination of sure witnesses and the ensuing proceedings, the courtroom requested the trial courtroom to expedite the trial and conclude the identical ideally inside 4 months.

(Except for the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)

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