Friday, August 20, 2010

Delhi Court to re-examine rape accused following HC order

Delhi Court to re-examine rape accused following HC order

PTI, Jul 30, 2010, 07.10 pm IST

NEW DELHI : A local court would tomorrow record the statements afresh of a man whose conviction for allegedly raping his five-year-old neighbour was set aside by the Delhi High Court saying his trial was conducted in a "careless and casual manner".

The High Court had recently asked the lower court to re-decide the case after recording the statements of the accused as the trial judge earlier failed to seek responses from him on "crucial" evidence.

Additional Sessions Judge (ASJ) Pinki would re-examine accused Arjun who was earlier awarded 10 years jail term by ASJ Vinod Kumar, the previous trial judge, for allegedly raping the minor on the morning of September 6, 2006.

Questioning the trial, the High Court has not only set aside the jail term awarded to the man but also asked the lower Court to re-decide the case.

"On perusal of the impugned judgement, it transpires that the Additional Sessions Judge has approached this case in a careless and casual manner," Justice Ajit Bharihoke said.

In the judgement, the lower Court, which had charged the accused with rape and abduction, did not record the judge's findings for the offence of abduction.

"Such a careless approach of the Trial Judge in the matters relating to life and liberty of the accused is not acceptable," the High Court said.

Justice Bharihoke said the lower Court, in its judgement, had discussed the recovery of victim's clothes from the pockets of the accused.

However, the Judge failed to seek a response from the accused on this crucial evidence against him, the HC said.

The High Court said the "omission" to examine or want of adequate examination of the accused under the CrPC vitiated the trial and this "irregularity" should be cured by re-examining him.

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