Infant rape-murder case: SC sets aside man's conviction, remits matter for fresh trial
New Delhi (PTI): The Supreme Court has set aside the conviction of a man facing death penalty for alleged rape and murder of a three-month-old girl and remitted the matter for a "de novo (new) trial", observing that the trial in the case was conducted in a "hurried manner" without giving him proper opportunity to defend himself.
The apex court noted that the trial in the case lodged in 2018 was completed within a span of 15 days from the date of filing of the charge sheet, the accused was convicted for several offences and sentenced to death by the trial court.
A bench headed by Justice B R Gavai said, "We are of the considered view that the trial court conducted the trial in a hurried manner without giving proper opportunity to the accused to defend himself."
It was settled that a hasty trial in which proper and sufficient opportunity was not provided to the accused to defend himself or herself would vitiate the trial as being "meaningless and stage-managed", the bench, also comprising Justices P S Narasimha and Prashant Kumar Mishra, said in its verdict delivered on October 19.
"Therefore, the judgement of conviction and sentence passed by the trial court and affirmed by the high court is hereby set aside and the matter is remitted back to the trial court for de novo trial by affording proper opportunity to the appellant to defend himself," it said.
The top court delivered its verdict on a plea filed by appellant, Naveen, challenging the December 2018 judgement of the Madhya Pradesh High Court upholding his conviction for the offences under various sections of the Indian Penal Code, including that of murder and rape, and under the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The High Court had confirmed the death sentence awarded to him by a trial court in Indore.
The Supreme Court noted in its verdict that the appellant was convicted and sentenced for committing rape and murder of a three-month-old girl child.
During the arguments before the top court, the counsel appearing for the appellant had argued that the entire trial was completed within 15 days -- from April 27, 2018, when the charge sheet was filed, to May 12, 2018, when judgement was delivered by the trial court.
"A close reading and scrutiny of the order sheet recorded by the trial court, as stated above in brief, would manifest that the accused was not provided an opportunity to engage a counsel of his choice and instead his submission was recorded that he desires to be defended by a counsel appointed through legal aid," the bench said.
It said the order sheets clearly indicated that the trial was conducted in a "hurried manner" without providing ample and proper opportunity to the defence counsel, who was engaged through legal aid, to prepare himself effectively.
The bench also referred to the principle of "judicial calm" in the context of fair trial.
"In our view, in the hallowed halls of justice, the essence of a fair and impartial trial lies in the steadfast embrace of judicial calm. It is incumbent upon a judge to exude an aura of tranquillity, offering a sanctuary of reason and measured deliberation," it said.
"In the halls of justice, the gavel strikes not in haste, but in a deliberate cadence ensuring every voice, every piece of evidence, is accorded its due weight.
"The expanse of judicial calm serves not only as a pillar of constitutional integrity, but as the very bedrock upon which trust in a legal system is forged," the bench said.
The top court noted it was impossible for the accused to produce during the trial two experts, authors of reports like DNA and FSL, in one day because they were government servants and could not have attended the court at his request.
"The trial court treated the accused as if he is carrying a magic wand which is available to produce highly qualified experts, who are government servants, on a phone call. There was no opportunity, in the real sense, to the appellant to cross-examine the experts," it said.
While disposing of the appeal, the apex court directed the trial court and the District Legal Services Authority, Indore to provide assistance of a senior counsel to the appellant to contest the trial on his behalf.
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Real Madrid fines Valverde and Tchouaméni half a million euros each for altercation
Barcelona (AP): Real Madrid slapped players Federico Valverde and Aurélien Tchouaméni with half-a-million-euro ($588,000) fines on Friday for their altercation during practice.
The massive fines came a day after the midfielders tussled when the team trained. Valverde said in a post on social media on Thursday that no punches were thrown. But Valverde knocked his head on a table and he suffered a small cut that required a brief hospital visit.
On social media, Valverde initially called it a “meaningless fight” with a teammate and said “everything has been blown out of proportion."
His employers, however, considered it a significant enough breach of team discipline to nail both Valverde and Tchouaméni with fines that bite even the bank account of a top soccer player. The half-a-million euro penalties reflect the reputational damage the club was enduring in a chaotic end to a disappointing season.
In a statement, the 15-time European champion said its disciplinary action was concluded after both players expressed to the club “their complete remorse for what happened and apologized to one another.”
Madrid added they also apologized to their teammates, the coaching staff and club supporters, as well as showing their willingness to accept whatever disciplinary action the club deemed “opportune.”
Tchouaméni was back training with Madrid on Friday, two days before they play at Barcelona in a clasico. Madrid has to win otherwise Barcelona will be crowned La Liga champion.
After being notified of the fine, he posted a public apology to the club and its fans on social media.
“What happened this week in training is unacceptable,” Tchouaméni wrote. "I say this while thinking about the example we are expected to set for young people, whether in football or at school.
“Above all, I am sorry for the image we projected of the club.”
Valverde was not at practice due to the head knock.
Both players are set to play in the World Cup next month, with Tchouaméni playing for France and Valverde for Uruguay.
Chaotic end to a poor season
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The run-in between the players, who for seasons have played side by side in Madrid's midfield, came after they argued this week in previous training sessions. But tempers boiled over on Thursday. Spanish media was rife with reports that the players previously disagreed over the club's decision to let coach Xabi Alonso go after just months on the job.
It was not the only altercation involving Madrid players during training this week. Álvaro Carreras confirmed he was in a “minor” incident with a teammate. Spanish media said he and fellow defender Antonio Rüdiger got into a scuffle.
Álvaro Arbeloa, the coach who was promoted from Madrid's reserve team when Alonso was fired in January, will face tough questions on what went wrong inside the changing room when he gives a press conference on Saturday ahead of the clasico at Camp Nou.
Madrid is facing a second consecutive campaign without a major trophy amid rumors in the Spanish media that club president Florentino Pérez is considering bringing back Jose Mourinho to straighten out his underperforming team.
