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Sunita Devi vs. The State of Bihar & Anr.

Not available · 2024 INSC 448Decided 17 May 2024
Not available
Justice M.M. Sundresh · Justice S.V.N. Bhatti

Background

Following an FIR lodged in December 2021 by the mother of a minor girl, the accused was charged under Section 376AB IPC, Section 4 of the POCSO Act, and the SC/ST (Prevention of Atrocities) Act for raping the child. The trial court conducted the entire process at extraordinary speed. The accused was produced only through video conferencing without a lawyer for several hearings, four prosecution witnesses were examined in a single day (including one recalled through improperly-authorised procedure), and the trial concluded, judgment was delivered, and a death sentence was imposed all within about two weeks of charges being framed. The Patna High Court found serious violations of the Code of Criminal Procedure's fair-trial safeguards, set aside the conviction and death sentence, ordered a fresh (de novo) trial, and criticised the trial judge's conduct. The informant (victim's mother) and the trial judge himself then appealed to the Supreme Court.

Decision Breakdown

The Supreme Court upheld the High Court's order for a de novo trial, agreeing that the accused's basic fair-trial rights had been compromised: witness statements were recorded without proper notice to the defence, the Witness Protection Scheme, 2018 and the Rules for Video Conferencing for Courts, 2020 were not followed, and the defence was repeatedly denied reasonable time to prepare, all while a death sentence hung in the balance. The Court held that the gravity of an offence cannot justify shortcuts that undermine a fair trial. It dismissed all the connected appeals, directed the trial court to strictly follow POCSO Act safeguards while recording the victim's evidence and to complete the retrial expeditiously, and directed the Union Government to file an affidavit within six months on the feasibility of introducing a comprehensive sentencing policy. The Court declined to interfere with the administrative observations made against the trial judge, leaving him free to raise those separately before the High Court.

Lesson Learnt

Speed cannot substitute for due process, even in the most serious of cases: an accused's right to adequate notice, legal representation, and safeguarded video-conferencing/witness procedures must be honoured, because a rushed conviction that violates these safeguards will simply be set aside, delaying justice for everyone rather than delivering it faster.

Official source (sci.gov.in)View Judgment (PDF)

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