New Delhi, 4 September: Noting the serious discrepancies on the part of the police, prosecution, trial court, and Patna High Court, the Supreme Court on Monday set aside the death sentence awarded to a man in a case related to the rape and murder of a minor in Bhagalpur, Bihar, in 2015.
In its order issued, the apex court remitted the matter back to the Patna High Court for re-hearing of the death reference and criminal appeal filed by convict Munna Pandey.
Expressing concern over the decision of the Patna High Court, the bench comprising Justices B R Gavai, J B Pardiwala, and Prashant Kumar Mishra said that if we had not read the High Court’s decision properly, it would have been a great injustice to the convict. The apex court further expressed strong displeasure at the conduct of investigators, the prosecutor, and judges in connection with the matter. It said that the court below, including the High Court, has taken action on the basis that the appellant was guilty.
The SC bench during the listing of the case majorly pointed out all the witnesses before the police confirmed their testimonials that it was Pritam Tiwari (a juvenile co-convict) who had come to the house of the victim on the fateful day and had taken the victim along with him to his house to watch TV, and it was he who was found locking the door when the witnesses inquired about the whereabouts of the victim.
“Neither the defence counsel nor the public prosecutor or the presiding officer of the trial court, and unfortunately, even the High Court, thought it fit to look into this aspect of the matter and try to reach the truth,” the Court added.
Case History:
Munna Pandey, who was charged with the rape and murder of the young girl in his house in Bhagalpur district of Bihar, was convicted by the trial court and sentenced to death in 2017, and the Patna high court too rejected his appeal and confirmed the death sentence in 2018.
