New Delhi: A local court would tomorrow
record the statements afresh of a man whose conviction for
allegedly raping his five-year-old neighbour was set aside by
the Delhi High Court saying his trial was conducted in a
"careless and casual manner".
The High Court had recently asked the lower court to
re-decide the case after recording the statements of the
accused as the trial judge earlier failed to seek responses
from him on "crucial" evidence.
Additional Sessions Judge (ASJ) Pinki would re-examine
accused Arjun who was earlier awarded 10 years jail term by
ASJ Vinod Kumar, the previous trial judge, for allegedly
raping the minor on the morning of September 6, 2006.
Questioning the trial, the High Court has not only set
aside the jail term awarded to the man but also asked the
lower court to re-decide the case.
"On perusal of the impugned judgement, it transpires that
the Additional Sessions Judge has approached this case in a
careless and casual manner," Justice Ajit Bharihoke said.
In the judgement, the lower court, which had charged the
accused with rape and abduction, did not record the judge`s
findings for the offence of abduction.
"Such a careless approach of the trial judge in the
matters relating to life and liberty of the accused is not
acceptable," the High Court said.
Justice Bharihoke said the lower court, in its judgement,
had discussed the recovery of victim`s clothes from the
pockets of the accused.
However, the judge failed to seek a response from the
accused on this crucial evidence against him, the HC said.
The High Court said the "omission" to examine or want of
adequate examination of the accused under the CrPC vitiated
the trial and this "irregularity" should be cured by