New Delhi: The Supreme Court on Tuesday declared concern for “disturbing trends” of the court who graduated from order and penalties on the same day in a criminal case involving murder and rape, without accusing the opportunity to argue about punishment.
Judge L Nageswara Rao B Gavai and B V Nagaratha argued that sufficient time and opportunity must be given to the defendant to argue about quantum punishment, especially in the death penalty.
SC changed the death penalty of a man to prison or extortion and killed a 11-year-old girl in MP in 2017.
It was a violation of a fair trial to decide the quantum punishment given to him before punishment.
This is a parody of justice because the applicant is not given a fair opportunity to defend himself.
This is a classic case that shows a tendency for troubling courts to try criminal cases involving rape and murder in a hurry.
It is a trit law accused of entitled to a fair trial guaranteed based on Article 21 of the Constitution.
In connection with the order of beliefs and punishments that are forwarded on the same day, the object and objectives of Part 235 (2) CRPC is that the defendant must be given the opportunity to make a representation of the punishment that will be worn by him, “it said.
The bench said the hearing was frozen to punish And the punishment is needed to provide an effective opportunity to the defendant.
“Adequate opportunities to produce relevant material about the death penalty question must be given to the defendant by the court court,” he said.
The court noted that the state of mitigation – accused of the first time, belonging to the family Poor from the scheduled tribe, the probability of reform – not considered by the court of trial and the High Court while giving a death sentence he said.