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SC cites haste in trial to set aside death penalty

Hindustan Times Jammu

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February 09, 2025

The Supreme Court has set aside the death penalty awarded to two men convicted of raping a minor, citing "undue haste" in the trial proceedings, while reinforcing the principles of fair trial and due process.

- Utkarsh Anand

NEW DELHI:

A bench comprising justices Vikram Nath, Sanjay Karol and Sandeep Mehta underscored the fundamental necessity of affording a fair defence to the accused, particularly in cases involving capital punishment, as it lamented that the trial was concluded within two months, depriving the accused of an adequate opportunity to defend themselves.

"The instant case involves capital punishment and thus, providing a fair opportunity to the accused to defend himself is absolutely imperative and non-negotiable. The trial in the case at hand was concluded without providing appropriate opportunity of defending to the accused and within a period of less than two months from the date of registration of the case, which is reflective of undue haste," held the bench in its January 16 judgment, which was released on Thursday evening.

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