Court gives convict another shot at fair trial

A man sentenced to two years in jail for bootlegging has been ordered by a Delhi court to be tried again on the same charges as his right to fair trial was compromised after he did not get a counsel to defend him in the first trial.

“The appellant (Trilok Singh) has been denied the right of fair trial by not providing legal assistance as mandated by Section 304 of the CrPC. Hence, the appeal is allowed,” said additional sessions judge Vikas Dhull.

“The matter is remanded back to the trial court for a de novo trial and is directed to proceed with the trial of Singh from the stage of prosecution evidence,” the court said. The sessions court also asked the magisterial court to provide legal aide to Singh.

Singh was allegedly caught by police on April 28, 2004, carrying six bottles of illicit liquor without permit or licence. He was then sentenced to two years in jail in May 20 this year.

He had come to the sessions court against his conviction and sentencing, contending that he was not provided legal aid by the trial court, due to which he was unable to cross examine the prosecution witnesses.

Singh had engaged a counsel but no lawyer had represented him in the later stage of the trial, the court said, “It was the duty of the trial court to provide legal assistance to Singh to ensure a fair trial.”