Bombay High Court Orders Fresh Trial in 2017 Rape and Murder Case

The Bombay High Court set aside a man's conviction for the 2017 rape and murder of a girl, citing he lacked legal representation during his initial trial. This decision emphasizes the fundamental right to a fair trial, mandating a retrial with proper legal procedures within ten months.

The Bombay High Court has overturned the conviction of a man previously sentenced to death for the 2017 rape and murder of a seven-year-old girl. The decision calls for a retrial, citing the lack of legal representation for the accused during the initial proceedings.

A division bench consisting of Justices Sarang Kotwal and Sandesh Patil highlighted the grave nature of the crime but emphasized the necessity of upholding the accused's fundamental rights. The court underscored that the absence of a lawyer for the accused, from framing charges to witness examinations, violated these rights.

The high court's ruling mandates the case's return to the lower court, instructing a trial to be concluded within ten months, ensuring fairness for both the accused and prosecution. The initial conviction had been delivered by a Nashik court under the POCSO Act, amidst charges of undue haste and lack of proper legal aid for the accused.

(With inputs from agencies.)