Mumbai, The Bombay High Court has quashed the acquittal of a man in a 2015 murder case and ordered a retrial, ruling that trial courts cannot remain “mute spectators” to prosecution’s failures or miscarriage of justice.
Setting aside a 2016 Pune sessions court order, a bench of Justices Sarang Kotwal and Sandesh Patil termed the original judgment “perverse”, noting that the judge had failed to exercise powers to call for medical evidence when the prosecution did not submit the same.
A copy of the order passed on April 23 was made available on Tuesday.
The HC passed the order on a plea filed by Geetu and Ashok Bhola, the parents of the victim, Mochan Bhola, challenging the Pune court’s June 2016 judgment, acquitting the accused in the case.
According to the prosecution, Mochan was a distant relative of the accused, who allegedly believed that the former was trying to establish close relations with his wife.
In April 2015, the accused found the victim at his house and questioned him, and allegedly stabbed him to death in an ensuing scuffle.
The high court, in its order, held, “It is important to note that the trial court cannot be a mute spectator to the failure of the prosecution to act diligently.”
It pointed out that the Criminal Procedure Code gives trial court judges sufficient power to ensure there is no miscarriage of justice.
The bench further said that the trial court judge had needlessly entered into confusion as to who had registered the FIR and criticised the prosecution for not examining the complainant in the case.
“We are constrained to observe that the judgment passed and the reasons and conclusion recorded by the judge are perverse,” the HC said.
Advocate Shyam Dewani, appearing for the petitioners, argued that the trial in the case was conducted in a very casual and careless manner and that key witnesses, including the medical officer who conducted the postmortem on the victim was not examined.
“Failure on the part of the prosecution to submit important evidence and the trial court judge’s overlooking this aspect has resulted in failure of justice,” Dewani had argued.
This article was generated from an automated news agency feed without modifications to text.