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Supreme Court of India 2024-12-02 allowed

ASHOK vs STATE OF UTTAR PRADESH

Bench: 3 — Abhay S. Oka, Ahsanuddin Amanullah, Augustine George Masih

In Brief

A 10-year-old girl was allegedly raped and murdered in May 2009. The trial court convicted Ashok under Sections 376, 302, 201 IPC and the SC/ST Atrocities Act, sentencing him to death. The High Court confirmed conviction but reduced the sentence to life imprisonment. The Supreme Court acquitted the appellant, finding the sole eyewitness's evidence unreliable (with significant inconsistencies and undue delay in recording), the recovery evidence improperly proved, and critically, that material incriminating circumstances were never put to the appellant during his examination under Section 313 CrPC. The Court also held that effective legal aid was not provided—the appellant lacked counsel at charge-framing and the first witness's examination, with subsequent counsel frequently absent. The 15.5-year delay made remand unjust. The Court issued comprehensive directions on legal aid quality and the Public Prosecutor's duty to ensure fair trials.

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Criminal Procedure Right to Legal Aid Right to Fair Trial Section 313 CrPC Evidence Law Death Penalty Witness Examination Eyewitness Evidence Criminal Evidence Constitutional Law Public Prosecutor's Duty Recovery of Evidence

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