LexWARIS versus STATE OF MADHYA PRADESH
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[2025] 5 S.C.R. 842 : 2025 INSC 712 Waris v. State of Madhya Pradesh (Criminal Appeal No(s). 429-430 of 2020) 08 May 2025 [Vikram Nath, Sanjay Karol and Sandeep Mehta,* JJ.] Issue for Consideration Whether Trial Court ought to have given proper time and opportunity to the legal aid defence counsel to prepare the matter and should have deferred the cross-examination of PW-1 by a reasonable time so as to ensure fairness in the proceedings. Headnotes† Bharatiya Nagarik Suraksha Sanhita, 2023 – ss.408, 432 – Code of Criminal Procedure, 1973 – ss.367, 391 – Penal Code, 1860 – ss.302, 201, 376(2)(i), 376AB – Protection of Children from Sexual Offences Act, 2012 – ss.5, 6 – Accused- appellant charged for subjecting his step-daughter to sexual assault and throttling her to death – On date of examination of PW-1, advocate of accused-appellant was not present – Accused-appellant pleaded he could not afford the fees and was unable to engage counsel – On prayer of accused- appellant, Trial Court appointed legal aid defence counsel to represent accused-appellant – On the very same day, trial court proceeded to record the evidence of PW-1 and ensured that cross-examination of witness is completed by the legal aid counsel – Subsequently, accused-appellant was convicted and awarded death sentence – The High Court confirmed the death sentence – Correctness: Held: The documents available on the record indicate that the accused-appellant was shown to be educated till 4th standard only – Thus, there is no dispute on the aspect that the accused- appellant was a semi-literate, rustic villager – The fact that the accused-appellant hails from a very poor background is also borne out from the record inasmuch as, he could not even afford the fees of the lawyer he had engaged to defend him, in a case which had the potential of capital punishment right from the * Author [2025] 5 S.C.R. 843 Waris v. State of Madhya Pradesh inception – Denial of a competent experienced defence counsel to an accused tantamounts to deprivation of fair trial – Providing an experienced legal aid defence counsel to an unrepresented accused in criminal proceedings is within the scope of the Fundamental Right guaranteed by Art. 22(1) of the Constitution of India – In the instant case, the order sheet of the trial Court does not even indicate whether the legal aid defence counsel was provided with the copies of the documents relied upon by the prosecution by following the mandate of s.207 CrPC – The trial Court ought to have given proper time and opportunity to the legal aid defence counsel to prepare the matter – Providing such an opportunity to the accused-appellant was absolutely essential and imperative for a just decision of the case – This Court hereby exercise powers u/s.408 BNSS (corresponding, s.367 CrPC) r/w. s.432 of BNSS (corresponding, s.391 CrPC) and remit the matter back to the trial Court, i.e., Second ASJ and Special Judge (POCSO Act), for further examination of the star prosecution witness, i.e., (PW-1) – The trial Court to ensure that the complete record is provided to the legal aid defence counsel well in advance. [Paras 14, 15, 17, 19, 20, 21, 23, 25, 27] Legal Aid Authorities – National Legal Service Authority – Legal Aid Defense Counsel – Core Principles – Discussed. [Para 16] Witness – Witness Protection Scheme – Appropriate protection to witness – Directions issued. [Paras 26-29] Case Law Cited Mohd. Hussain @ Zulfikar Ali v. State (Government of NCT of Delhi) [2012] 1 SCR 64 : (2012) 2 SCC 584; Anokhilal v. State of Madhya Pradesh [2019] 18 SCR 1196 : (2019) 20 SCC 196; Ashok v. State of Uttar Pradesh (2025) 2 SCC 381; Atma Ram v. State of Rajasthan [2019] 5 SCR 714 : (2019) 20 SCC 481 – referred to. List of Acts Bharatiya Nagarik Suraksha Sanhita, 2023; Code of Criminal Procedure, 1973; Penal Code, 1860; Protection of Children from Sexual Offences Act, 2012. List of Keywords Legal Aid Defense Counsel; Semi-literate; Rustic villager; Capital punishment; Denial of competent experienced defence counsel; 844 [2025] 5 S.C.R. Supreme Court Reports Deprivation of fair trial; De novo trial; Fundamental Right; Reasonable opportunity to prepare and conduct the case; Mistrial; Remit; Witness protection scheme. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No(s). 429-430 of 2020 From the Judgment and Order dated 18.11.2019 of the High Court of M.P. at Indore in CRRFC No. 1 o
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