LexASHOK versus STATE OF UTTAR PRADESH
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[2024] 12 S.C.R. 335 : 2024 INSC 919 Ashok v. State of Uttar Pradesh (Criminal Appeal No. 771 of 2024) 02 December 2024 [Abhay S. Oka,* Ahsanuddin Amanullah and Augustine George Masih, JJ.] Issue for Consideration Matter pertains to the correctness of the order of conviction and sentence against the appellant, for the offences punishable u/ss.376, 302, 201 IPC as also SC and ST Act 1989; and as regards the role of the Public Prosecutor and appointment of legal aid lawyers. Headnotes† Penal Code, 1860 – ss.376, 302, 201 – Rape and murder – Prosecution case that appellant committed rape and murder of a ten year old girl – Victim’s cousin-witness to the incident, and narrated the same to the victim’s father – Dead body found hidden at the place of incident – Appellant fled from the spot when questioned by the victim’s father and thereafter, FIR was registered – Order of conviction and imposition of death sentence against the appellant, for the offences punishable u/ss.376, 302, 201 as also the 1989 Act – High Court upheld the conviction, however reduced the sentence to life imprisonment – Correctness: Held: Evidence of victim’s cousin, the only eyewitness, cannot be held to be of sterling quality – It is unsafe to base conviction only on his testimony – At the most, it can be the evidence of the last seen together – As regards, the recovery of articles at instance of the appellant, the prosecution failed to prove that the recovery was from a particular place – Thus, evidence of recovery to be kept out of consideration – Appellant's guilt beyond reasonable doubt not established – As regards, the examination of the appellant u/s.313 Cr.P.C., material circumstances appearing in evidence against the appellant, version of the main prosecution witnesses not been put to him – Unless all material circumstances appearing against him * Author 336 [2024] 12 S.C.R. Digital Supreme Court Reports in evidence are put to the accused, he cannot decide whether he wants to lead any defence evidence – Even the date and place of the crime allegedly committed by the appellant not put to the appellant – Thus, the appellant was prejudiced – Even assuming that failure to put material to the appellant in his examination was an irregularity, it cannot be cured by remanding the case to the trial court, since the incident is fifteen and a half years old and after such a long gap, it would be unjust to ask the appellant to explain the circumstances and material specifically appearing against him in the evidence – Moreover, the appellant had been incarcerated for about twelve years and nine months before he was released on bail – Even assuming that the evidence of eye witness can be believed, the appellant entitled to acquittal on the ground of the failure to put incriminating material to him in his examination u/s.313 CrPC – Both the trial court and High Court overlooked non-compliance with the requirements of s.313 CrPC – 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 – There was failure of the State to provide timely and quality of legal aid to the appellant – Thus, impugned judgments and orders set aside and the appellant is acquitted – Directions regarding the role of the Public Prosecutor and appointment of legal aid lawyers issued – Code of Criminal Procedure, 1973 – Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. [Paras 12, 13, 14-17, 19, 21-24] Code of Criminal Procedure, 1973 – s.313(5) – Power to examine accused – Role of the public prosecutor: Held: Under sub-Section (5) of s.313 (sub-Section (5) of s.351 of Bharatiya Nagarik Suraksha Sanhita, 2023), the court is entitled to secure the assistance of the public prosecutor and the advocate representing the accused to prepare the questions to be put in the examination u/s.313 – Public Prosecutor has to play an active role in ensuring that every trial is conducted in a fair manner and in accordance with the law – It is the Public Prosecutor's duty to invite the Court's attention to the requirement of putting all incriminating material to the accused – Thus, the Public Prosecutor under an obligation to remain present when the examination of the accused is made to assist the Court – Bharatiya Nagarik Suraksha Sanhita, 2023. [Para 18] [2024] 12 S.C.R. 337 Ashok v.
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