In a setback to the state and the police, the Orissa High Court has overturned the death penalty of Sanjeeb Kerketta, who was sentenced to death for the rape and murder of a five year old girl at Sundargarh district, Odisha in 2023. The court condemned the original trial as “perfunctory and mechanical” with numerous procedural lapses. It stressed that a fair trial was not merely a right of the accused but a societal responsibility that had to be adhered to during the judicial process. The bench of Justices BP Routray and Chittaranjan Dash asked the trial court to go in for a fresh trial within six months, making it clear that the outcome should be absolutely fair and be done by the rule of law.
In its ruling, the high court chided the lower court for not giving Kerketta proper legal aid. Multiple state-appointed lawyers either withdrew or provided little representation, and it was noted that he was not adequately defended at his trial. The court noted that these counsels failed to cross-examine important prosecution witnesses, including the doctor who did the postmortem. The court also noted that the case should have been properly addressed and that DNA evidence failed to match Kerketta to the victim.
The High Court also noted that the trial court had rushed to sentence the offender to death, a serious offence that did not require the death penalty unless mitigating factors were considered. It explained that the trial process was unconstitutional as it violated the constitutional right to life enshrined in Article 21, as it guaranteed protection from arbitrary punishment.
Kerketta had moved the Orissa High Court, appealing that his trial was vitiated by grave irregularities, including the defective recording of his statement under Section 313 of the CrPC and the presentation of key evidence.
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