SC acquits rape accused as he got poor legal aid

Noting that it’s the duty of the court to ensure that proper legal aid is provided to an accused, the Supreme Court on Monday acquitted a rape and murder accused on the grounds that he was not properly represented by a lawyer during the trial.

“When an accused is not represented by an advocate, it is the duty of every Public Prosecutor to point out to the court the requirement of providing him free legal aid. The reason is that it is the duty of the Public Prosecutor to ensure that the trial is conducted fairly and lawfully,” a Bench of Justices AS Oka, Ahsanuddin Amanullah and Augustine George Masih said.

The top court noted that “the cross-examination of the witnesses was not up to the mark. Some of the crucial questions that normally would have been put in the cross-examination have not been asked”.

There was non-compliance with Section 313 of the Code of Criminal Procedure which provides for examination of the accused to enable him to personally explain any circumstances appearing in the evidence against him, it noted.

"Shockingly, the Trial Court imposed the death penalty in a case which ought to have resulted in acquittal. Imposing capital punishment in such a case shocks the conscience of this Court," it said, acquitting accused Ashok of Uttar Pradesh who was awarded death penalty by the trial court for raping and killing a 10-year-old girl and the Allahabad HC had commuted it to life imprisonment.

“Even if the Court is inclined to frame charges or record examination-in-chief of the prosecution witnesses in a case where the accused has not engaged any advocate, it is incumbent upon the Public Prosecutor to request the Court not to proceed without offering legal aid to the accused,” said the Bench while issuing a set of directions for public prosecutors.

“It is the duty of the Public Prosecutor to assist the Trial Court in recording the statement of the accused under Section 313 of the CrPC. If the Court omits any material circumstance brought on record against the accused, the Public Prosecutor must bring it to the notice of the Court while the examination of the accused is being recorded. He must assist the Court in framing the questions to be put to the accused. As it is the duty of the Public Prosecutor to ensure that those who are guilty of the commission of offence must be punished, it is also his duty to ensure that there are no infirmities in the conduct of the trial which will cause prejudice to the accused,” it said.

“An accused not represented by an advocate is entitled to free legal aid at all material stages starting from remand. Every accused has the right to get legal aid, even to file a bail petition. At all material stages, including the stage of framing the charge, recording the evidence, etc., it is the duty of the Court to make the accused aware of his right to get free legal aid. If the accused expresses that he needs legal aid, the Trial Court must ensure that a legal aid advocate is appointed to represent the accused,” the top court said.

It said, “In all cases where there is a possibility of a life sentence or death sentence, only those learned advocates who have put in a minimum of 10 years of practice on the criminal side should be considered to be appointed as amicus curiae or as a legal aid advocate. Even in the cases not covered by the categories mentioned above, the accused is entitled to a legal aid advocate who has good knowledge of the law and has an experience of conducting trials on the criminal side. It would be ideal if the Legal Services Authorities at all levels give proper training to the newly appointed legal aid advocates not only by conducting lectures but also by allowing the newly appointed legal aid advocates to work with senior members of the Bar in a requisite number of trials.”