Mandsaur gang rape case: Supreme Court sets aside conviction, death penalty; orders fresh proceedings

New Delhi: The Supreme Court has set aside the Madhya Pradesh High Court's judgment confirming conviction and death penalty imposed upon two men in the Mandsaur gang rape case involving brutal sexual assault of a Class III student in 2018.

A bench of Vikram Nath, Sanjay Karol and Sandeep Mehta directed for conducting fresh proceedings by the trial court, upon a plea by appellants Irfan and Asif that their conviction was primarily based on the DNA report but no scientific expert was examined, causing grave prejudice and gross miscarriage of justice.

The court, in a recent judgment, allowed their application filed under Section 391 CrPC and Article 142 of the Constitution, by holding the failure of the trial court to ensure the deposition of the scientific experts while relying upon the DNA report, has definitely led to the failure of justice thereby, vitiating the trial.

"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 bench said.

The court also noted 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 on June 26, 2018, which is "reflective of undue haste".

The court directed the trial court to record the testimony of the scientific experts, and examine the accused under Section 313 CrPC in context to the fresh evidence. 

"They should be provided a fair opportunity of leading defence evidence. Thereafter, the trial court should proceed to rehear the arguments and decide the case afresh as per law," the bench said.

The court directed for completing the proceedings within four months.

As per the prosecution, the accused had kidnapped the victim from the school. The medical examination of the child revealed the accused committed sexual intercourse, besides, causing serious assault leading to injuries to her throat and private parts.

One of her eyes had bulged out due to compression leading to compromised vision. She had to be operated for the purpose of creating a passage in her abdomen in order to facilitate defecation. 

The two men, arrested on the basis of the CCTV footages, were sentenced to death penalty by the trial court on August 21, 2018 under Section 376 (DB) of the Criminal Law (Amendment) Ordinance, 2018. The High Court confirmed the conviction and sentence on September 9, 2021.