Rape and murder: HC quashes death penalty
Bengaluru, August 05: Considering the prosecution’s objection that the accused was not given the chance for the cross examination by the sessions court, the Karnataka High Court has quashed the death penalty awarded to an accused in rape and murder of a six-year-old girl.
The Divisional Bench comprising Justice RB Budihal and Justice BA Patil ordered the lower court to retrial the case. During the hearing, state prosecutor HS Chandramouli said that the accused did not get suitable legal aid was not given the chance for cross-examination. So, it was not fair to regularize the death penalty awarded to the accused, he said.
Considering his objection, the Bench said that it was the rarest among rare cases. The work of the prosecution was not just ensuring the punishment to the accused, but it should bring to the notice of the court when the accused was denied fair trial and appreciated the stand of the prosecution.
Local police had registered a case against Anil Balagar of Banashankari Layout Second Stage on charges of raping and murdering a six-year-old girl.
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