In a significant judicial intervention, the Punjab and Haryana High Court has quashed the conviction and death sentence of a 27-year-old plumber, Vinod alias Munna, who was accused of the brutal rape and murder of a five-year-old girl in Jhajjar. The Division Bench, comprising Justice Anoop Chitkara and Justice Sukhvinder Kaur, cited “serious procedural lapses” by the trial court as the reason for setting aside the verdict.
The Case Background The incident dates back to December 2020 (coinciding with the victim’s fifth birthday). The prosecution alleged that Vinod, who lived in the neighborhood, abducted the child, raped her, and smothered her to death.
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Trial Court Verdict: Based on circumstantial and forensic evidence, the trial court had convicted Vinod and sentenced him to death.
Serious Lapses Cited by High Court The High Court observed that while the allegations were heinous, the trial was vitiated by the court’s failure to strictly follow the mandate of Section 313 of the CrPC (statement of the accused).
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DNA Evidence Ignored: The Bench noted that the DNA report, which allegedly linked the accused to the crime, was never put to the accused during his examination. This deprived him of the opportunity to explain the incriminating evidence.
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Toxicology Report Omitted: A toxicology report indicating alcohol consumption by the accused was also not presented to him for an explanation.
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Omnibus Questioning: The judges criticized the trial court for putting incriminating material to the accused in a complex, “omnibus” manner rather than as specific, distinct circumstances, which is a violation of fair trial principles.
The Verdict Terming the lapses as incurable without a fresh hearing, the High Court held: “Criminal justice warrants meticulously following the procedural standards… every ‘i’ ought to be dotted and every ‘t’ ought to be crossed.”
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Order: The death sentence and conviction were set aside.
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Fresh Trial: The case has been remanded back to the trial court. The proceedings will not start from scratch but will resume from the stage of recording the accused’s statement (Section 313 CrPC) to ensure the omitted evidence is properly put to him.
