Convicted of causing death by rash driving, man goes on retrial
6 Nov 2012 7:21 AM IST
A man sentenced to a year in jail for driving a school bus rashly and mowing down a motor cyclist, has been ordered by a Delhi court to be tried afresh as his right to fair trial had been compromised due to non-provision of counsel to defend him.
‘I find that in the present case, appellant (Raj Kumar Chauhan) has been denied the right of fair trial due to non-provision of legal assistance as mandated by section 304 CrPC. Hence, the appeal is allowed. Impugned judgment of March 28, 2012 and sentence order of March 29, 2012 are accordingly set aside,’ Additional Sessions Judge (ASJ) Vikas Dhull said.
‘The matter is remanded back to the trial court for a de novo trial and the trial court is directed to proceed with the trial of Chauhan from the stage of cross examination of the prosecution witnesses,’ ASJ Dhull added.
The sessions court also asked the magisterial court to provide legal aide to Chauhan during his fresh trial.
Chauhan, 45, was arrested by the police on 23 July 2005 after the school bus he was driving ran over motor cyclist Naresh in west Delhi and the victim had died on spot.Chauhan had approached the sessions court against his conviction and sentencing, contending that he was not provided the legal aid by the trial court due to which he was unable to cross examine the prosecution witnesses (PWs). He also told the court that he could not afford services of any advocate.
ASJ Dhull said, ‘Appellant to appear before the trial court on November 9, 2012 at 2 pm.’
‘I find that in the present case, appellant (Raj Kumar Chauhan) has been denied the right of fair trial due to non-provision of legal assistance as mandated by section 304 CrPC. Hence, the appeal is allowed. Impugned judgment of March 28, 2012 and sentence order of March 29, 2012 are accordingly set aside,’ Additional Sessions Judge (ASJ) Vikas Dhull said.
‘The matter is remanded back to the trial court for a de novo trial and the trial court is directed to proceed with the trial of Chauhan from the stage of cross examination of the prosecution witnesses,’ ASJ Dhull added.
The sessions court also asked the magisterial court to provide legal aide to Chauhan during his fresh trial.
Chauhan, 45, was arrested by the police on 23 July 2005 after the school bus he was driving ran over motor cyclist Naresh in west Delhi and the victim had died on spot.Chauhan had approached the sessions court against his conviction and sentencing, contending that he was not provided the legal aid by the trial court due to which he was unable to cross examine the prosecution witnesses (PWs). He also told the court that he could not afford services of any advocate.
ASJ Dhull said, ‘Appellant to appear before the trial court on November 9, 2012 at 2 pm.’
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