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Supreme Court of India 2023-10-19 remanded

NAVEEN @ AJAY vs THE STATE OF MADHYA PRADESH

Bench: 3 — B.R. Gavai, Pamidighantam Sri Narasimha, Prashant Kumar Mishra

In Brief

A three-judge Supreme Court bench set aside the death sentence of an accused convicted of raping and murdering a 3-month-old child, finding the trial violated principles of fair trial and judicial calm. The entire trial was completed in 15 days—from charge-sheet filing to judgment—without providing adequate time for legal aid counsel to prepare the defence or for the accused to properly contest the prosecution's DNA, FSL and Viscera reports. Expert witnesses were never examined, yet the court expected the jailed accused to produce them for cross-examination within one day. The Court remanded the matter for a completely fresh trial with proper procedural safeguards.

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Criminal Procedure Fair Trial Right to Defence Capital Punishment Legal Aid Evidence Law DNA Evidence Forensic Science Victim Rights Rape and Murder

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